HomeMy WebLinkAbout2001-0315 Study Session PACKET
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, March 15, 2010 at 5:30 p.m.
Siskiyou Room, 51 Winburn Way
5:30 p.m. Study Session
1. Look Ahead Review
2. Discussion regarding revising the public contracting code and personal services
code [60 Minutes]
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VIS!"!" THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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CITY OF
ASHLAND
Council Communication
Ordinance Revisin~ the Public Contractin~ Code and Personal Services Code
Meeting Date: April 6, 2010 Primary Staff Contact: Megan Thornton
Department: City Attorney's Office E-Mail: thomtm@ashland.oLus
Secondary Dept.: Public WorkslFi nce Secondary Contact: Faught/Tuneberg
Approval: Martha Benn Estimated Time: 15 minutes
Question:
Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Public Contracting and Personal Service Contracts and Repealing Chapters 2.50 and 2.52"?
Staff Recommendation:
Staff recommends Council approve the First Reading by title only and set the matter for Second
Reading.
Background:
The basic purpose of the public contracting and personal services revisions is to simplify the
procurement process by relying on the comprehensive set of statutes and regulations adopted by State
law. The procurement process is simplified because the proposed ordinance utilizes essentially the
same state law process for the procurement of goods, services, public improvements, and personal
services. The amendment ensures that there are no conflicts between the City's public contracting
code, personal services code, and the state's regulations, which makes it easier for staff to ensure
compliance with applicable laws andregulations.
I. Some of the changes that are being proposed that aim at simplifying the code and following state
law are listed below.
A. Adopts the Oregon Public Contracting Code and the Attorney General's Model Rules for
public contracting and states that those rules apply when the local rules do not address a
particular situation.
~ BENEFIT: Much of the City's current public contracting code is a restatement of state
law. By adopting the state public contracting code instead of restating select portions of
state law it is clear that the City's intention is to follow all state procedures. This
reduces the City's public contracting code and personal services code from
approximately 30 pages to 9 pages.
B. Eliminate 2.50.075 [Sole Source], 2.50.080 [Emergency Contracts], 2.50.085 [Special
Procurements], 2.50.090 [Procedure for Requests of Proposals for Goods and Services and
Public Improvements], 2.50.095 [Prequalification], 2.50.100 [Protests of Procurement Process],
2.50.105 [Correction and Withdrawal of Bids], 2.50.115 Fransfer, Sale or Disposal of Personal
Property], 2.50.126 [Exhibit A], and 2.50.127 [Exhibit B].
~ BENEFITS
. Eliminates redundancy between city code and the state public contracting code.
The city is required to comply with state law and eliminating these duplicative
code sections eliminates the possibility of contradictions between local and state
law.
Page I of4
r.l'
CITY OF
ASHLAND
. Eliminates the contract provisions in Exhibit A from the city code, which allows
the city attorney's office the ability to change the contract when necessary to
comply with changes in state regulations and case law.
. Replaces Exhibit B with a new AMC Chapter 2.54 for the Disposal of Surplus
and Abandoned Property.
)0- DECISIONS FOR THE COUNCIL. Adoption of the Model Rules includes
authorized informal processes for. buying goods and services- that is, the state law
exemptions to formal competitive bidding and solicitation. The Council can further
limit by Ordinance such informal processes and require formal competitive bidding and
solicitation at a lower level.
. Small Procurements: ORS 279B.065 states that a procurement for goods or
services not exceeding $5,000 may be awarded in any manner that is practical.
.:. Does the Council wish to adopt the state small procurement amount of
$5,000?
. Intermediate Procurements: ORS 279B.070 states that a procurement for more
than $5,000 but less than $150,000 generally requires the contracting agency to
receive three quotes or competitive proposals. OAR 137-049-0160 states that
intermediate procurement limit for public improvement contracts is $100,000.
.:. Does the Council wish to adopt the state intermediate procurement
amount of$150,000?
.:. Does the Council wish to adopt the state intermediate procurement
amount for public improvement contracts of $1 OO,OOO?
C. Repeal of AMC 2.52 [Personal Services Contracts] and adoption of the state procurement
procedures for personal services contracts.
)0- BENEFITS
. With a few exceptions, the City would use the same procedures to award a
personal services contract that it would use to award a goods and services
contract or public improvement contract, which will simplify procurement
procedures for staff.
. The average cost to the City of preparing an RFP for a contract is $7,000;
utilizing the small and intermediate procurement procedures will reduce the
costs of preparing these RFPs.
)0- DECISIONS FOR THE COUNCIL
. OAR 137-48-0200 allows direct appointment of personal services contracts for
architectural, engineering, and surveying contracts.
.:. Does the Council wish to adopt the state personal services exemption of
$50,000?
II. The following changes are being proposed to promote competition and fairness by providing
additional safeguards to the procurement process.
A. AMC 2.50.020 establishes that the purpose of this chapter is to utilize procurement practices
that promote open competition and efficient use of public resources, and AMC 2.50.100 states
that even if a contract is exempt from the formal procurement process the Local Contract
Review Board, Public Contracting Officer, or City Attorney may require a formal procurement
process to ensure fairness.
Page 2 of4
-..
._~
CITY OF
ASHLAND
~ BENEFIT: This establishes a broad exemption allowing the formal procurement
process to be implemented whenever it would further the purposes of the public
contracting code.
B. In addition to the state regulations for competitive sealed bids, AMC 2.50.080 requires the
Finance Director to verify that funds are available and requires the City Attorney to approve the
contract and review all formal competitive solicitations.
~ BENEFIT: The safeguards ensure that the requirements for competitive bids and
proposals and the associated contracts meet statutory requirements before the bid or
proposal is advertised.
C. In addition to the state regulations for exempt procurements, AMC 2.50.100 requires the Public
Contracting Officer to write findings documenting the exemption, get authorization from the
Finance Director that there is adequate funding, and get approval from the City Attorney that
the contract is in appropriate form.
~ BENEFIT: The safeguards ensure that exemptions from the RFP process are
appropriate and that there are funds for the project.
III. The following changes are aimed at making the process more efficient.
A. AMC 2.50.040 updates the definitions and defines "Public Contracting Officer" as the City
Administrator or his/her designee.
S. AMC 2.50.060 states that the Local Contract Review Board (City Council) is given all of the
duties and authority of a contracting agency under state law with the power to delegate its
powers.
C. AMC 2.50.070 gives the Public Contracting Officer authority to purchase and enter into
contracts for things that have been appropriated funds by the City Council up to $150,000 and
to perform any act that may be delegated by the Local Contract Review Board according to
,Oregon law.
~ BENEFIT: The City can take full advantage of exemptions to competitive bidding as
provided by state law through the delegation to the Public Contracting Officer, while
maintaining the ability to review formal solicitations and any exempt procurements at
its discretion.
IV. The public contracting chapter needs to be updated to incorporate new provisions of state law.
A. Provisions will be drafted to respond to House Bill 2867, which requires cost comparisons
for service contracts over $250,000.
~ BENEFIT: The draft provisions will set some guidelines for completing cost
comparisons to make it easier for staffto comply with the new requirements. For
example, the City will likely include a provision establishing a profit percentage to use
in the calculations.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
I) Move to approve the First Reading and set the matter for a Second Reading.
2) Postpone consideration of the proposed ordinance.
Page3 of 4
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CITY OF
ASHLAND
Potential Motions:
Staff: [Conduct First Reading of the ordinance by title only.}
Council: Motion to approve First Reading and set the matter for Second Reading.
Attachments:
. Proposed ordinance
Page 4 of4
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ORDINANCE NO.
AN ORDINANCE RELATING TO PUBLIC CONTRACTING AND PERSONAL
SERVICE CONTRACTS, AND REPEALING CHAPTERS 2.50 AND 2.52
Annotated to show dolotiom: and additions to the code sections being modified.
Deletions are bold I:M.I and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording
all legislative powers home rule constitutional provisions reserved to Oregon Cities.
City of Beaverton v. International Ass'n of Firefiqhters, Local 1660. Beaverton Shop.
20 Or. App. 293, 531 P 2d 730, 734 (1975); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 2.50.010 [Short Title] through 2.50.140 [Protests of
Procurement Process & Solicitation Award] are hereby added to the Ashland
Municipal Code read as follows:
2.50.010 Short Title.
The provisions of this chapter and all rules adopted hereunder may be cited as the
Ashland Public Contracting Code.
2.50.020 Purpose.
The purpose of the Ashland Public Contracting Code is to utilize public contracting
practices and methods that maximize the efficient use of public resources and the
purchasing power of public funds by:
A. Promoting open and impartial competition;
B. Using solicitation materials that are complete and contain a clear
statement of contract specifications and requirements;
C. Taking full advantage of evolving procurement methods that suit the
contracting needs of the City; and
D. Providing direction to city staff regarding purchasing practices and
purchasing authority that results in a systematic and uniform
administration of public contracts.
Ordinance No.
Page 1 of 10
2.50.030 Adoption of State Law.
Except as specifically provided herein, or by subsequent ordinance or resolution,
the Model Rules, Oregon Administrative Rules (OAR) Chapter 137, Divisions 46,
47, and 49, adopted by the Attorney General under ORS Chapters 279A, 279B, and
279C, as they now exist, are hereby adopted as the City of Ashland's Public
Contracting Code. A copy of the Oregon Public Contracting Code and Model Rules
shall be maintained in the City Recorders Office. Words and phrases used in these
rules that are defined in Oregon Revised Statutes (ORS) Chapters 279A, 279B.
279C, and in the Model Rules shall have the same l"Deaning as in those statutes
and rules, except as may be provided for herein. In the event that the rules adopted
by the local contract review board do not address a particular situation, the Model
Rules apply.
2.50.040 Definitions.
Words and phrases that are used and defined in the Model Rules and the Oregon
Public Contracting Code shall have the same meaning as in those statutes and
rules, except for the following:
A. "City Attorney" shall mean the Ashland City Attorney or his/her designee as
specified by written order.
B. "Department" shall mean City of Ashland instead of Oregon Department of
Administrative Services.
C. "Director" shall mean Public Contracting Officer as defined in this section
instead of the Director of Administrative Services.
D. "Findings" are the statements of fact that provide justification for a
determination. Findings may include, but are not limited to, information
regarding operation, budget and financial data; public benefits; cost savings;
competition in public contracts; quality and aesthetic considerations; value
engineering; specialized expertise needed; public safety; market conditions;
technical complexity; availability; performance and funding sources.
E. "Finance Director" shall mean the Ashland Finance Director or his/her
designee as specified by written order.
F. "Local Contract Review Board" shall mean the Ashland City Council.
G. "Public Contracting Officer" means the City Administrator or his/her designee
as specified by written order.
H. "Model Rules" means the public contracting rules adopted by the Attorney
General under ORS 279A.065 and adopted by AMC 2.50.030.
I. "Oregon Public Contracting Code" means ORS Chapters 279A, 279B and
279C.
J. "Personal services contract" means a contract with an independent
contractor predominantly for services that require special training or
certification, skill, technical, creative, professional or communication skills or
talents, unique and specialized knowledge, or the exercise of judgment skills,
and for which the quality of the service depends on attributes that are unique
to the service provider. Such services include, but are not limited to, the
services of architects, engineers, land surveyors, attorneys, auditors and
Ordinance No.
Page 2 of 10
.
other licensed professionals, artists. designers, computer programmers.
performers, consultants and property managers. The Public Contracting
Officer shall have discretion to determine whether additional types of
services not specifically mentioned in this paragraph fit within the definition of
personal services.
2.50.050 Applicability.
The Ashland Public Contracting Code shall apply to procurements by all City
departments and divisions, including Ashland Parks and Recreation.
2.50.060 Local Contract Review Board Authority.
The Local Contract Review Board shall have all the duties and authority of a
contracting agency that are granted under state and local law. The Local Contract
Review Board may delegate its powers and responsibilities by ordinance,
resolution, or board order consistent with the Model Rules and the Oregon Public
Contracting Code.
2.50.070 Public Contracting Officer Authority.
A. Except as otherwise provided by this code, the Public Contracting Officer
shall have authority to:
1. Purchase and contract for all materials, supplies, equipment, services
and public improvements for which funds have been appropriated by
the City Council and the contract price does not exceed $150,000; and
2. Sell or dispose of all personal property of the city in accordance with
AMC 2.54.
Contracts approved under this section require no further approvals by the
Local Contract Review Board.
B. Except when this Chapter, or the Oregon Public Contracting Code and
Model Rules, specifically requires the Local Contract Review Board to
take action or exercise its discretion and delegation is not allowed, any act
required or permitted to be performed by an "agency," "head of a
contracting agency," "local contract review board" or the "director" under
the Model Rules or Oregon Public Contracting Code shall be performed
by the Public Contracting Officer.
C. The Public Contracting Officer may develop such forms that are
convenient to the administration of the CitY's contracts and may
promulgate procedures reasonably necessary to accomplish the purposes
of this Chapter. the Model Rules, and the Oregon Public Contracting
Code. The City Attorney may promulgate standard forms for use by the
Public Contracting Officer.
2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals.
Except as otherwise expressly provided herein, in addition to the requirements of
the Model Rules and the Oregon Public Contracting Code:
Ordinance No.
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A. The Finance Director must sign off that there are appropriate funds for the
project before the project is put out for bids.
8. The City Attorney must determine that the contract is appropriateas to form
before the project is put out for bids.
C. The Local Contract Review Board shall authorize solicitations of competitive
sealed bids and competitive sealed proposals.
D. The City Attorney shall review all formal competitive solicitations or formal
competitive bids to ensure that the appropriate process has been followed.
E. Electronic Solicitation. Competitive sealed bids and competitive sealed
proposals will be available online,. but applicants will NOT be able to submit
their proposals and/or responses online. Applications must be delivered in
hard copy form to the City in accordance with the specifications in the
materials for the competitive solicitation. Individuals that obtain the
solicitation materials electronically are responsible for regularly checking for
instructions, addenda, and related materials.
2.50.090 Exemptions from Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to
Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS
279A - 279C and the Model Rules except for the following:
A. Contracts listed in ORS 279A.025(2).
B. Purchases through federal programs as set forth in ORS 279A.180.
C. Public Improvement Contracts that qualify for exemption as set forth in
279C.335.
D. Small Procurements - a public contract not exceeding $5,000.
1. Small Procurements shall be awarded in accordance with ORS
279B.065, OAR 137-047-0800, OAR 137-047-0265 and all other
applicable provisions of law.
E. Intermediate Procurements - a public contract for goods and services
greater than $5,000 and less than $150,000.
1. Intermediate Procurements shall be awarded in accordance with
ORS 279B.070, OAR 137-047-0800, OAR 137-047-0270 and other
applicable provisions of law.
F. Sole Source Procurements ~ a public contract in wh'ich the Department
Head finds in writing that there is only one provider of a product or service
of the quality and type required available within a reasonable purchase
area.
1. Sole-source procurements shall be awarded in accordance with
ORS 279B.075 and all other applicable provisions of law.
G. Special Procurements - a public contract for a class special procurement,
a contract specific procurement or both, based upon a contracting
procedure that differs from procedures described in ORS 279B.055,
279B.060, 279B.065, 279B.070. The contracting approach may be
custom designed to meet the procurement needs.
1. Special procurements shall be awarded in accordance with ORS
2798.085 and all other applicable provisions of law.
Ordinance No.
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/
H. Emergency Procurements - a public contract that is necessary because
an emergency exists meaning there are circumstances creating a
substantial risk of loss, damage, interruption of services or threat to public
health, safety, welfare, or property that could not have been reasonably
foreseen and requires prompt execution of a public contract to remedy
the condition.
1. Emergency procurements shall be awarded in accordance with
ORS 2798.080 and all other applicable provisions of law.
I. The following classes of contracts are hereby specifically exempted from
the Oregon Public Contracting Code and Model Rules pursuant to ORS
279A.025(t):
1. Contracts for the purchase of materials where competitive bids for
the same materials have been obtained by other public agencies
or the federal government whose processes for bid and award are
substantially equivalent to those set forth herein, and the contract
is to be awarded to the party to whom the original contract was
awarded so long as the price of the materials is the same or lower
than that in the original contract.
2. Contracts for licenses and maintenance of computer hardware,
computer software, and telecommunications products (including
cable, video and television products).
3. Purchase of items or services of an artistic nature, including, but
not limited to public art.
4. Contracts for removal, cleanup or transport of hazardous materials.
As used in this Subsection, "hazardous materials" include any
material or substance which may pose a present or future threat to
human health or the environment, including Hazardous Waste as
that term is used in the Resources Conservation and Recovery Act
(42 USC 6901 et seq.).
5. Contracts for purchase of used motor vehicles, defined as any
motor vehicle that is at least one year old.
6. Contracts for the purchase of used heavy construction equipment.
7. Contracts for the purchase of copyrighted materials where there is
only one supplier available within a reasonable purchase area for
such goods.
8. Contracts for the purchase of advertising, including legal
advertising intended for the purpose of giving public notice.
9. Contracts for the purchase or sale of all utilities including, but not
limited to, electric power, gas, water, sewage, internet, cemetery
lots, cable and telecommunication services, and the sale of
telecommunication materials or products or other services,
materials or products traditionally provided by the City.
10. Contracts for the purchase of goods or services where the rate or
price for the goods or services being purchased is established by
federal, state or local regulating authority.
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2.50.095 Additional Requirements for Exemptions. Pursuant to 2.20,090(1)
Any contract exempted under 2.20.090(1) shall additionally satisfy these criteria:
A. The performance bond requirements of ORS 279C.375 and 279C.380,
unless an emergency exemption exists in accordance with the Oregon
Public Contracting Code and Model Rules.
B. The construction and landscape contractor registration and requirements
of ORS Chapter 671.630 et seq. and Chapter 701;
C. Any other law applicable to such a contract; and,
D. To the extent that BOll applies, the City and the contractor shall comply
with the prevailing wage provisions of ORS 279C.800 - 279C.870.
2.50.100 Informal Process - Process for Exempt Procurements
The following process shall apply to all contracts that are exempt from formal
competitive selection procedures in AMC 2.50.090.
A. The Public Contracting Officer is responsible for determining whether a
project is subject to an exemption pursuant to AMC 2.50.090 that will
allow a process other than a formal solicitation. Except for small
procurements and emergency procurements, it is the responsibility of the
Public Contracting Officer to evaluate whether an exemption exists and
write findings consistent with Oregon law to document the exemption. A
copy of the written findings shall be given to the City Attorney. If an
exemption is approved all applicable provisions of the Oregon Public
Contracting Code and the Model Rules must be followed.
Notwithstanding the exemptions, the City Attorney, the Public Contracting
Officer, or Local Contract Review Board may require a formal competitive
solicitation to ensure the purposes of this Chapter.
B. Except for small procurements and emergency procurements, any
informal procurement process, listed in AMC 2.50.090 shall require the
Public Contracting Officer to obtain written authorization from the Finance
Director to ensure that adequate funds are available for the project.
C. For intermediate procurements of any amount the contracting agency
shall use a written solicitation to obtain quotes, bids, or proposals.
D. The City Attorney must determine that the contract is appropriate as to
form before the contract is awarded. Use of a City standard form contract
negates the need for legal sign off on all informal contracting processes.
E. After the procurement process is complete, the Public Contracting Officer
must execute the procurement contract, and the Finance Director must
endorse the amount of the contract.
F. The Public Contracting Officer must put any exempt procurement over
$50,000 on the Council's consent agenda for acceptance.
Ordinance No.
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G. The Public Contracting Officer must execute any change orders or
amendments to the contract that are authorized under the Oregon Public
Contracting Code or the Model Rules.
2.50.110 Electronic Advertisement of Public Contracts
The City may publish the advertisement for Offers by posting it on the website of the
city, or if applicable, another governmental entity as long as the content required by
the Model Rules and Oregon Public Contracting Code is available. Individuals that
obtain the solicitation materials electronically are responsible for regularly checking
for instructions, addenda, and related materials.
2.50.120 Personal Services Contracts
A. A personal seniice contract that does not exceed $5,000 may be awarded by
direct appointment. Personal Services Contracts that are for contract
amounts greater than $5,000, but less than $150,000 shall follow the process
for Intermediate Procurements as outlined above. However, the City
Attorney, the Public Contracting Officer, or Local Contract Review Board, can
require a formal solicitation for bids to ensure that the purposes of this
chapter are upheld.
1. Class Exemptions -Professional Services. A personal services contract
that does not exceed $50,000 may be directly awarded to the following
classes of personal services contracts:
a. Engineers;
b. Surveyors;
c: Architects; and
e. Financial Analysts.
2. Class Exemption - Attorney Services. Personal service contracts for
legal counsel, legal services, expert witnesses, court-appointed attorneys,
stenographers and other legal services are exempt from the competitive
procurement requirements of this section and may be entered into based
upon the judgment of the City Attorney. The City Attorney shall obtain City
Council approval of any expenditure for legal services paid to a single legal
services provider that is expected to exceed $50,000 prior to entering into the
contract. In addition, except for legal counsel hired by the City to provide
legal services to indigent criminal defendants prosecuted by the City, the City
Attorney shall select and retain all outside legal counsel hired by the City
subject to the approval of the City Council.
3. Pre-qualified Pool Exemption. The City may directly award a personal
services contract that does not exceed $150,000 to a provider that has been
selected to be on a list of:
a. The City's current list of qualified providers; or
b. From another public contracting agency's current list of qualified
providers as long as the public contracting agency uses a process
substantially similar to the City's to derive the list.
4. Continuation of Work Exemption. Personal service contracts of not more
than $150,000 for the continuation of work by a contractor who preformed
Ordinance No.
Page 7 of 10
preliminary studies, analysis or planning for the work under a prior contract
may be awarded without competition if the prior contract was awarded under
a competitive process and the Purchasing Manager determines that use of
the original contractor will significantly reduce the costs of, or risks
associated with, the work.
B. The Local Contract Review Board is hereby opting out of OAR 137-048
regarding architectural, engineering, and land surveying services.
C. The standard procurement rules adopted above shall apply to such
contracts, as well as the following personal services selection criteria:
1. Specialized experience in the type of work to be performed; .
2. Capacity and capability to perform the work, including any specialized
services within the time limitations for the work;
3. Educational and professional record, including past record of
performance on contracts with governmental agencies and private parties
with respect to cost control, quality of work, ability to meet schedules, and
contract administration where applicable;
4. Availability to perform the assignment and familiarity with the area in
, which the specific work is located, including knowledge of designing or
techniques peculiar to it, where applicable;
5. Cost of the services; and
6. Any other factors relevant to the particular contract.
2.50.130 Record Keeping
To facilitate contract file record keeping and reduce accounting and auditing
difficulties in having dispersed contract files, each city department will maintain a
complete file on all contracts executed on behalf of that department. Information to
be included in the file shall include, at a minimum:
A. Any and all invitation for bids, requests for proposals, and any
advertisements;
B. Council consent authorizing contract execution when applicable;
C. Copies of the signed contract, any required insurance certificates, bonds, or
other bid security;
D. Any approved Local Contract Review Board waivers; and
E. List of who the solicitation documents were sent out to or the list of plan
holders.
The City Recorder's Office shall retain the original executed contract as well as
original copies of any required insurance certificates, performance bonds, and
payment bonds or other bid security. The department which is responsible for the
procurement shall continually monitor insurance certificates to ensure the City
remains an additional insured and that the other party has sufficient coverage.
2.50.140 Protests of Procurement Process & Solicitation Award
A. The Uniform Administrative Appeals Process outlined in AMC 2.30 shall
apply to all protests of the procurement process and award of public
Ordinance No.
Page 8 of 10
contracts except that the timelines of this section shall govern when
determining whether an appeal is filed timely.
B. Timelines for Submitting Protests.
1. Protests regarding the process or specification shall be received no
later than ten (10) calendar days prior to bid closing.
2. Protests regarding the award of the contract shall be received within
seven (7) calendar days from the notice of intent to award the public
contract.
C. Failure to strictly comply with the applicable protest requirements, including
but not limited to the required elements for the written protest required by the
Model Rules and the Oregon Public Contracting Code, payment of the
applicable appeal fee pursuant to AMC 2.30, and time for filing as specified
in this section, shall constitute jurisdictional defects resulting in the summary
dismissal of the appeal.
SECTION 2. Repeal. The existing Ashland Municipal Code Chapters 2,50 [Rules of
Procedure for Public Contracting] and 2.52 [Rules of Procedure for Personal
Service Contracts] are hereby repealed in their entirety. Any municipal code
provisions in conflict with the provisions contained herein are also hereby repealed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 4. SavinQs. Notwithstandinq this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions were commenced,
shall remain valid and in full force and effect for purposes of all cases filed or
commenced durinq the times said ordinance(s) or portions thereof were operative.
This section simplv clarifies the existinq situation that nothinq in this Ordinance
affects the validitv of prosecutions commenced and continued under the laws in
effect at the time the matters were oriqinallv filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (i.e. Sections 2-5) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2010
and duly PASSED and ADOPTED this day of ,2010.
Ordinance No.
Page 9 of 10
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance No.
,2010.
John Stromberg, Mayor
Page 10 of 10