HomeMy WebLinkAbout2722 Competitive BiddingORDINANCE NO. 2722
AN ORDINANCE OF THE CITY OF ASHLAND AMENDING
CHAPTERS 2.50 and 2.52 OF THE ASHLAND MUNICIPAL CODE TO
UPDATE COMPETITIVE BIDDING PROCEDURES AND BIDDER
QUALIFICATION REQUIREMENTS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1.
follows:
Chapter 2.50 of the Ashland Municipal Code is amended to read as
Chapter 2.50
LOCAL PUBLIC CONTRACT REVIEW BOARD
Sections:
2.50.010
2.50.020
2.50.030
2.50.040
2.50.060
2.50.070
2.50.090
Contract Review Board
Definitions
Competitive Bids--Exemptions
Emergency contracts
Public bidding rules
Public improvement contract rules
Additional Authority of the Board
2.50.010 Contract Review Board. The City Council of the City of Ashland is hereby
designated as the local Contract Review Board and, relative to contract concerns, the
City Council of the City of Ashland shall have all the powers granted to the State
Public Contracts Review Board.
2.50.020 Definitions. The following words and phrases whenever used in this chapter
shall be construed as defined in this section unless from the context a different
meaning is intended.
A. Public contract. Any purchase, lease or sale by the City of Ashland of
personal property, public improvements or services, other than agreements which are
exclusively for personal service.
B. Public improvement. Projects for construction, reconstruction or major
renovation on real property by or for the City of Ashland. "Public improvement" does
not include emergency work, minor alteration, ordinary repair or maintenance
necessary in order to preserve a public improvement.
C. Board. The Local Contract Review Board as established in Section
2.50.010.
D. Emergency. Circumstances that could not have been reasonably
foreseen that create a substantial risk of loss, damage, interruption of services or
threat to the public health or safety that requires prompt execution of a contract to
remedy the condition.
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2.50.030 Competitive bids-Exemptions. A. All contracts shall be based upon
competitive bids except contracts expressly excluded by statute or exempted as
provided in 2.50.030.B.
B. The Board may by resolution exempt other contracts from competitive
bidding if it finds:
1. The lack of bids will not result in favoritism or substantially diminish
competition in awarding the contract; and
2. The exemption will result in substantial cost savings.
In making such findings, the Board may consider the type, cost, amount of the
contract, number of persons available to bid, and such other factors as the Board may
deem appropriate. Where appropriate, the Board shall direct the use of alternate
contracting and purchasing practices that take account of market realities and modern
or innovative contracting and purchasing methods, which are also consistent with the
public policy of encouraging competition. The Board shall adopt written findings that
support the awarding of a particular public contract or a class of public contracts,
without competitive bidding. The findings must show that the exemption of a contract
or class of contracts complies with the requirements of this section.
2.50.040 Emergency Contracts. A contract may also be exempted from competitive
bidding if the Board, by unanimous vote, determines that emergency conditions
require prompt execution of the contract. A determination of such an emergency shall
be entered into the record of the meeting at which the determination was made. In
the event of an emergency involving an immediate hazard to the public health, safety
or welfare, the City Administrator may secure necessary materials without competitive
bidding, provided that the Board at its next regular meeting, is furnished with a full
report of the circumstances, and costs of the materials secured.
2.50.060 Public Bidding Rules. The Oregon Attorney General's Model Public Contract
Rules Manual, Division 30 entitled "Public Bidding Rules" is adopted as the City of
Ashland's bidding rules. The City Council, City Administrator or the Purchasing Agent
designated in Sec. 2.52.010 shall have the authority to act on behalf of the City under
these rules.
2.50.070 Public Improvement Contract Rules. The Oregon Attorney General's Model
Public Contract Rules Manual, Division 40, entitled "Public Improvement Contracts" is
adopted as the City of Ashland's public improvement contract rules. The City Council,
City Administrator or the Purchasing Agent designated in Sec. 2.52.010 shall have the
authority to act on behalf of the City under these rules.
2.50.090 Additional Authority of the Board. In addition to the powers and duties
established by this chapter, the Board shall have such additional powers as authorized
by State law and the City Charter.
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SECTION 3. Chapter 2.52 of the Ashland Municipal Code is amended to read as
follows:
Chapter 2.52
PURCHASING AGENT
Sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.070
2.52.080
2.52.090
General authority and responsibilities.
Adequacy of appropriations and resources.
Exclusions--Limitations.
Bids-- Preference.
Disposal of surplus property.
Cooperation with City Departments.
Forms--Procedures.
2.52.010 General authority and responsibilities. The Purchasing Agent for the City
shall be the Director of Finance, or such other officer or employee as may be
designated by City ordinance. The Purchasing Agent is authorized and directed to
acquire the optimum quantity of satisfactory quality materials, equipment, and services
at the least cost for the City, within the limitations of federal and state law, the City
Charter, Ashland Municipal Code Chapter 2.50 and the subsequent sections of this
chapter, under the supervision of the City Administrator.
2.52.020 Adequacy of appropriations and resources. Before obligating City funds, the
Purchasing Agent shall ascertain that there is to the credit of the using Department a
sufficient unencumbered appropriation balance to defray the amount of the order, and
also that sufficient financial resources are available or can be made available.
2.52.030 Exclusions--Limitations. Contracts for the construction of public
improvements, real property purchases, wholesale electrical energy purchases,
employee benefit programs, and acquisition of professional services (such as
engineering and architectural consulting) are not responsibilities of the Purchasing
Agent, unless so directed by the City Administrator.
The Purchasing Agent is authorized to act on behalf of the Parks and Recreation
Commission and the Ashland Community Hospital, but only upon the request of those
agencies.
2.52.040 Bids-- Preference. All other factors being equal, preference shall be given to
vendors whose places of business are located within the corporate limits of the City.
2.52.070 Disposal of surplus property. The Purchasing Agent shall have the authority
to dispose of surplus personal property by any means determined to be in the best
interests of the City, including but not limited to transfer to other departments, sale,
trade, auction, or destruction; provided, however, that disposal of personal property
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having a residual value of more than $10,000.00 shall be subject to City Council
authorization.
2.52.080 Cooperation with City departments. Operating departments and the
Purchasing Agent shall cooperate to provide efficient, courteous service to the public
in the most economical manner possible.
2.52.090 Forms--Procedures. Subject to the provisions set forth herein and the
approval of the City Administrator, the Purchasing Agent shall be empowered to
provide the necessary forms and written procedures to implement this chapter.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the third day of August, 1993,
and duly PASSED and ADOPTED this 77/, day of . '<~.~¢~,,_/~4..~j, , 1993.
Nan E. Franklin, City Recorder
SIGNED and APPROVED this /~day of,'-'~:~;z~.~z¢~')1993.
ine M. Golden, Mayor
Ai~(~ved as to form:
Paul Nolte, City Attorney
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