HomeMy WebLinkAboutOrdinances 2060 ORDINANCE NO. 10
AN ORDINANCE AMENDING IN PART AND REPEALING IN PART CENTRAL POINT
MUNICIPAL CODE CHAPTER 2.40 TO ADOPT THE LEAGUE OF OREGON CITIES
MODEL PUBLIC CONTRACTING RULES
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall document
and citation.
B. Staff and the city attorney reviewed the Attorney General's model rules, currently
used by the City, and compared them with the League of Oregon Cities (LOC) model
rules and determined that amendment of Chapter 2.40 to adopt the LOC model rules
would simplify administration of contracts and provide the City increased flexibility in
entering into contracts.
C. The amendment is intended to adopt the LOC Model Public Contracting Rules as
being in the public interest.
D. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.40, Public Contracting Rules is hereby amended in part and
repealed in part as set forth below and incorporated herein by reference.
2.40.010 Public contracts--City of Central Point policy.
A. Short Title. The provisions of this chapter and all rules adopted under this chapter
may be cited as the city of Central Point's public contracting rules.
B. Purpose of Public Contracting Rules. It is the policy of the city of Central Point in
adopting the public contracting rules to utilize public contracting practices and methods
that maximize the efficient use of public resources and the purchasing power of public
funds by:
1. Promoting impartial and open competition;
2. Using solicitation materials that are complete and contain a clear statement of
contract specifications and requirements; and
3. Taking full advantage of evolving procurement methods that suit the contracting
needs of the city of Central Point as they emerge within various industries.
Ordinance No. ; August 22, 2019 Page 1
C. Interpretation of Public Contracting Rules. In furtherance of the purpose of the
objectives set forth in subsection B of this section, it is the city of Central Point's intent
that the city of Central Pont pubic contracting rules be interpreted to authorize the full
use of all contracting powers and authorities described in ORS
Chapters 279A, 279B and 279C. Except as specifically provided in these public
contracting rules, public contracts and purchases shall be awarded, administered
and governed according to ORS Chapters 279A, 279B and 279C (the "Public
Contracting Code") and the Attorney General's Model Public Contract Rules
("Model Rules"), as they now exist.
1. In furtherance of the purposes of the objective set forth above in
subsection B, it is the city's intent that these public contracting rules be
interpreted to authorize the full use of all contracting and purchasing
powers described in ORS Chapters 279A, 279B and 279C.
2. The Model Rules adopted under ORS 279A.065 shall apply to the
contracts and purchases of the city to the extent they do not conflict with
these public contracting rules and the rules and regulations adopted by the
city.
3. In the event of a conflict between any provisions of these public
contracting rules and the Model Rules, the provisions of these public
contracting rules shall prevail.
D. Specific Provisions' Precedence over General Provisions. In the event of a
conflict between the provisions of these public contracting rules, the more
specific provision shall take precedence over the more general provision.
E. Conflict with Federal Statutes and Regulations. Except as otherwise
expressly provided in ORS Chapters 279A, 279B and/or 279C, applicable federal
statutes and regulations govern when federal funds are involved.
2.40.015 Definitions.
Unless a different definition is specifically provided herein, or context clearly
requires otherwise, the following terms have the meanings set forth herein.
Additionally, any term defined in the singular includes the meaning of the plural,
and vice versa.
A. Administering agency. The contracting agency that solicited and
established the original contract in a cooperative procurement for goods,
services, personal services, professional services or public improvements.
B. Affected person/offeror. A person whose ability to participate in a
procurement is adversely impaired by a city decision.
C. Architectural, engineering and land surveying services. Professional
services performed by an architect, engineer or land surveyor and includes
architectural, engineering or land surveying services, separately or any
combination thereof, as appropriate within the context of a section of this Model.
D. Award. The decision to enter into a contract or purchase order with a
specific offeror.
Ordinance No. ; August 22, 2019 Page 2
E. Bid. A response to an invitation to bid.
F. Bidder. A person who submits a bid in response to an invitation to bid.
G. Business with which a city employee is associated. Any business in which
a city employee is a director, officer, owner or employee, or any corporation in
which a city employee owns or has owned ten percent (10%) or more of any class
of stock at any point in the preceding calendar year.
H. City. The city of Central Point, a municipal corporation and a contracting
and purchasing agency.
I. City manager. The person appointed by the city council to the position of
city manager.
J. Closing. The date and time announced in a solicitation document as the
deadline for submitting bids or offers.
K. Contract. See Public Contract.
L. Contractor. The person who enters into a contract with the city.
M. Contract price. As the context requires:
1. The maximum payment that the city will make under a contract if the
contractor fully performs under the contract, including bonuses, incentives
and contingency amounts;
2. The maximum not-to-exceed payment specified in the contract; or
3. The unit prices set forth in the contract.
N. Contracting agency. A public body authorized by law to conduct a
procurement.
O. Cooperative procurement. A procurement conducted by, or on behalf of,
one or more contracting agencies.
P. Days. Calendar days.
Q. Emergency. Involves circumstances that:
1. Could not have been reasonably foreseen;
2. Create a substantial risk of loss, damage or interruption of services
or a substantial threat to property, public health, welfare or safety; and
3. Require prompt execution of a contract or amendment in order to
remedy the condition.
R. Findings. The justification for a conclusion. If the justification relates to a
public improvement contract, findings may be based on information that includes,
but is not limited to:
1. Operational, budget and financial data;
2. Public benefits;
3. Value engineering;
Ordinance No. ; August 22, 2019 Page 3
4. Specialized expertise;
5. Market conditions;
6. Technical complexity; and
7. Funding sources.
S. Goods and/or services. Supplies, equipment, materials and services, other
than personal services, and any personal property, including any tangible,
intangible and intellectual property and rights and licenses in relation thereto.
The term includes combinations of any of the items identified in the definition.
T. Grant. An agreement under which:
1. The city receives moneys, property or other assistance, including
but not limited to, federal assistance that is characterized as a grant by
federal law or regulation, loans, loan guarantees, credit enhancements,
gifts, bequests, commodities or other assets;
a. The assistance received by the city is from a grantor for the purpose
of supporting or stimulating a program or activity of the city; and
b. No substantial involvement by the grantor is anticipated in the
program or activity other than involvement associated with
monitoring compliance with grant conditions; or
2. The city provides moneys, property or other assistance, including
but not limited to, federal assistance that is characterized as a grant by
federal law or regulation, loans, loan guarantees, credit enhancements,
gifts, bequests, commodities or other assets;
a. The assistance is given to the recipient for the purpose of
supporting or stimulating a program or activity of the recipient; and
b. No substantial involvement by the city is anticipated in the program
or activity other than involvement associated with monitoring
compliance with grant conditions.
U. Immediate family member. An employee's: spouse, and parents thereof;
children, and spouses thereof; parents, and spouses thereof; siblings, and
spouses thereof; grandparents and grandchildren, and spouses thereof; and
domestic partner, and parents thereof.
V. Offer. A bid, proposal, quote or other response to a solicitation document.
W. Offeror. A person who submits an offer.
X. Opening. The date, time and place announced in the solicitation document
for the public opening of written sealed offers.
Y. Original contract. The initial contract or price agreement solicited and
awarded during a cooperative procurement by an administering agency.
Z. Purchasing agency. An agency that procures goods or services, personal
services, or public improvements from a contractor based on the original contract
established by an administering agency in a cooperative procurement.
Ordinance No. ; August 22, 2019 Page 4
AA. Person. An individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, governmental
agency, public body, public corporation or other legal or commercial entity, and
any other person or entity with legal capacity to contract.
BB. Personal services. Services, other than professional services, that require
specialized skill, knowledge and resources in the application of technical or
scientific expertise or in the exercise of professional, artistic or management
discretion or judgment.
1. Qualifications and performance history, expertise and creativity, and
the ability to exercise sound professional judgment are typically the
primary considerations when selecting a personal services contractor, with
price being secondary.
2. Personal services contracts include, but are not limited to, the
following classes of contracts:
a. Contracts for services performed in a professional capacity,
including but not limited to, services of an accountant, attorney,
auditor, court reporter, information technology consultant, physician
or broadcaster;
b. Contracts for professional or expert witnesses or consultants to
provide services or testimony relating to existing or potential
litigation or legal matters in which the city is or may become
interested;
c. Contracts for services as an artist in the performing or fine arts,
including any person identified as a photographer, film maker, actor,
director, painter, weaver or sculptor;
d. Contracts for services that are specialized, creative or research-
oriented; and/or
e. Contracts for services as a consultant.
CC. Price agreement. A contract for the procurement of goods or services at a
set price which has:
1. No guarantee of a minimum or maximum purchase; or
2. An initial order or minimum purchase combined with a continuing
contractor obligation to provide goods or services with no guarantee of
any minimum or maximum additional purchase.
DD. Procurement. The act of purchasing, leasing, renting or otherwise
acquiring goods or services, personal services or professional services. It
includes each function and procedure undertaken or required to be undertaken to
enter into a contract, administer a contract and obtain the performance of a
contract for goods or services, personal services or professional services.
EE. Professional services. Architectural, engineering, land surveying,
photogrammetric, transportation planning or related services, or any combination
of these services, provided by a consultant.
Ordinance No. ; August 22, 2019 Page 5
FF. Proposal. A response to a request for proposals.
GG. Proposer. A person that submits a proposal in response to a request for
proposals.
HH. Provider. As the context requires, a supplier of goods or services,
personal services, or professional services.
II. Public contract. A sale or other disposal, or a purchase, lease, rental or
other acquisition, by the city of personal property, goods or services, including
personal services, professional services, public improvements, public works,
minor alterations, or ordinary repair or maintenance necessary to preserve a
public improvement. It does not include grants.
JJ. Public contracting. Procurement activities relating to obtaining, modifying
or administering contracts or price agreements.
KK. Public improvement. A project for construction, reconstruction or major
renovation on real property, by or for the city. It does not include projects for
which no funds of the city are directly or indirectly used, except for participation
that is incidental or related primarily to project design or inspection; or
emergency work, minor alteration, or ordinary repair or maintenance necessary to
preserve a public improvement.
LL. Public improvement contract. A contract for a public improvement. This
does not include a contract for emergency work, minor alterations, or ordinary
repair or maintenance necessary to maintain a public improvement.
MM. Recycled product. All materials, goods and supplies, not less than fifty
percent (50%) of the total weight of which consists of secondary and post-
consumer waste with not less than ten percent (10%) of its total weight consisting
of post-consumer waste. It includes any product that could have been disposed
of as solid waste, having completed its life cycle as a consumer item, but
otherwise is refurbished for reuse without substantial alteration of the product's
form.
NN. Related services. Personal services, other than architectural, engineering
and land survey services, that are related to the planning, design, engineering or
oversight of public improvement projects or components thereof, including but
not limited to:
1. Landscape architectural services;
2. Facilities planning services;
3. Energy planning services;
4. Space planning services;
5. Environmental impact studies;
6. Hazardous substances or hazardous waste or toxic substances
testing services;
7. Wetland delineation studies;
8. Wetland mitigation services;
Ordinance No. ; August 22, 2019 Page 6
9. Native American studies;
10. Historical research services;
11. Endangered species studies;
12. Rare plant studies;
13. Biological services;
14. Archaeological services;
15. Cost estimating services;
16. Appraising services;
17. Material testing services;
18. Mechanical system balancing services;
19. Commissioning services;
20. Project management services;
21. Construction management services and owner's representatives
service; and/or
22. Land use planning services.
00. Request for proposals. A solicitation document used for soliciting
proposals.
PP. Request for qualifications. A written document issued by the city
describing particular services to which potential contractors respond with a
description of their experience and qualifications that results in a list of potential
contractors who are qualified to perform those services, but which is not intended
to create a contract between a potential contractor on the list and the city.
QQ. Revenue generating agreements. Contracts or agreements for services
that generate revenue and that are typically awarded to the offeror proposing the
most advantageous or highest monetary return.
RR. Scope. The range and attributes of the goods or services described in a
procurement document.
SS. Signed or signature. Any mark, word or symbol attached to or logically
associated with a document and executed or adopted by a person with the
authority and intent to be bound.
TT. Solicitation. As the context requires:
1. A request for the purpose of soliciting offers, including an invitation
for bid, a request for proposal, a request for quotation, a request for
qualifications, or other similar documents;
2. The process of notifying prospective offerors of a request for offers;
and/or
3. The solicitation document.
Ordinance No. ; August 22, 2019 Page 7
UU. Work. The furnishing of all materials, equipment, labor and incidentals
necessary to successfully complete any individual item in a contract and
successful completion of all duties and obligations imposed by the contract.
VV. Written or in writing. Conventional paper documents, whether handwritten,
typewritten or printed, in contrast to spoken words, including electronic
transmissions or facsimile documents when required by applicable law or
permitted by a solicitation document or contract.
2.40.20 Application of public contracting rules.
A. ' ---- -- -- . -_ ' ' -, -- - - - - e ' ' --- - -- -- -
- - - - - --- e -- - - - - -- -- - - . Pursuant to ORS
279A.065(6), the city has elected to establish its own policy for public contracting
and purchasing. Except as provided herein, the Model Rules do not apply to the
city.
B. Inapplicability of public contracting rules. These public contracting rules
do not apply to the following:
1. Contracts or agreements to which the Public Contracting Code does
not apply;
2. Contracts, intergovernmental and interstate agreements entered into
pursuant to ORS Chapter 190;
3. Grants;
4. Acquisitions or disposals of real property or interests in real
property;
5. Procurements from an Oregon Corrections Enterprise program;
6. Contracts, agreements or other documents entered into, issued or
established in connection with:
a. The incurring of debt, including any associated contracts,
agreements or other documents, regardless of whether the
obligations that the contracts, agreements or other documents
establish are general, special or limited;
b. The making of program loans and similar extensions or
advance of funds, aid or assistance by the city to a public or private
person for the purpose of carrying out, promoting or sustaining
activities or programs authorized by law other than for the
construction of public works or public improvements;
c. The investment of funds by the city as authorized by law; or
d. Banking, money management or other predominantly
financial transactions that, by their character, cannot practically be
established under the competitive contractor selection procedures,
based upon the findings of the city manager.
7. Contracts for employee benefit plans;
Ordinance No. ; August 22, 2019 Page 8
8. Contracts with newspapers and other publications for the placement
of advertisements or public notices;
9. Contracts for items where the price is regulated and available from a
single source or limited number of sources;
10. Insurance contracts;
11. Revenue-generating agreements;
12. Federal agreements where applicable federal statutes and
regulations govern when federal funds are involved and the federal
statutes or regulations conflict with any provision of the Oregon Public
Contracting Code or these public contracting rules, or require additional
conditions in public contracts not authorized by the Oregon Public
Contracting Code or these public contracting rules.
2.40.030 Public contracts--Regulation by city council.
Except as expressly delegated under these regulations, the city council reserves to itself
the exercise of all of the duties and authority of a contract review board and a
contracting agency under state law, and has all rights, powers and authority
necessary to carry out the provisions of these public contracting rules, the Public
Contracting Code, and /or the Model Rules. including, but not limited to, the power
and authority to:
A. Solicitation Methods Applicable to Contracts. Approve the use of contracting methods
mss;
B. Brand Name Specifications. Exempt the use of brand name specifications for public
improvement contracts;
C. Waiver of Performance and Payment Bonds. Approve the partial or complete waiver
a public improvement, other than in cases of emergencies;
advertisements for public contracts in lieu of publicaticr ?r newspaper of general
circulation;
E. Appeals of Debarment and Prequalification Decisions. Hear properly filed appeals of
the purchasing agent's determination of dstsrmcrtt, or concerning prequalification;
Ordinance No. ; August 22, 2019 Page 9
withcUte , - - - - --- -..-. , - -•---..-- , - e - _-t -- - -
(part), 2006).
2.40.050 Public contracts--Authority of purchasing agent.
-- ---- -- - -e- -- - --- --e- a -- - "-- - --• -- - ---- -
written directive.
''- -- - - - . A. --- - •- ! - - -• _ .
-e-* - - - -- --- - -- -- - - - , - o•thon the model rules, and
statutory changes.
A. For contracts and purchases covered by these public contracting rules, the
city manager is authorized to:
1. Award contracts and amendments without specific authorization by
the city council whenever the contract amount is $150,000 or less and the
proposed expenditure is included in the current fiscal year budget.
Ordinance No. ; August 22, 2019 Page 10
2. Execute contracts and amendments with specific authorization by
the city council whenever the contract or amendment amount is greater
than $150,000 and the proposed expenditure is included in the current
fiscal year budget.
3. As the purchasing agent for the city, the city manager is authorized
to:
a. Advertise for bids or proposals without specific authorization from
the city council, when the proposed purchase is included within the
current fiscal year budget.
b. Advertise for bids or proposals when the proposed purchase is not
included within the current fiscal year budget after the city council
approves the proposed budget transfer.
c. Purchase goods, services and/or property without specific
authorization by the city council whenever the amount is $150,000 or
less and the proposed expenditures are included in the current
fiscal year budget.
d. Purchase goods, services and/or property with specific
authorization by the city council whenever the amount is greater
than $150,000 and the proposed expenditure is included in the
current fiscal year budget.
e. Purchases of any goods or services in excess of$7,500 from city
employees require authorization of the city manager.
f. Departments shall communicate purchase requirements to the city
manager and plan sufficiently in advance so that orders can be
placed in economical quantities.
4. Delegate, in writing, the signature authority described in the above
subsection (2) and the purchasing powers described in the above
subsection (3). In the absence of a written delegation to the contrary, and
in the absence of the city manager, the signature authority described in the
above subsection (2) and the purchasing powers described in the above
subsection (3) are delegated in order as follows:
a. Any City Department Director as designated by City Manager;
b. City Building Official; and
c. Mayor.
5. Adopt forms, procedures, computer software, and administrative
rules for all city purchases regardless of the amount.
a. When adopting the forms, procedures, computer software, and/or
administrative rules, the city manager shall establish practices and
policies that:
Do not encourage favoritism or substantially diminish
competition; and
Ordinance No. ; August 22, 2019 Page 11
ii. Allow the city to take advantage of the cost-saving
benefits of alternative contracting methods and practices;
b. The city shall use these forms, procedures, computer software and
administrative rules unless they conflict with the public contracting
rules.
2.40.060 Authority
A. Favorable Terms. Contracts and purchases shall be negotiated on the
most favorable terms in accordance with these public contracting rules, other
adopted ordinances, state and federal laws, policies and procedures.
B. Unauthorized Contracts or Purchases. Public contracts entered into or
purchases made as authorized herein shall be voidable at the sole discretion of
the city.
1. The city may take appropriate action in response to execution of
contracts or purchases made contrary to this provision.
2. Such actions include, but are not limited to, providing educational
guidance, imposing disciplinary measures, and/or holding individuals
personally liable for such contracts or purchases.
C. Purchasing from City Employees or Employees' Immediate Family
Prohibited. No contract shall be entered into with or purchase made from any city
employee or employee's immediate family member, or any business with which
the employee is associated, unless:
1. The contract or purchase is expressly authorized and approved by
the city council; or
2. The need for the contract or purchase occurs during a state of
emergency, and the city manager finds, in writing, that the acquisition from
the employee, employee's immediate family member or business with
which the employee is associated is the most expeditious means to
eliminate the threat to public health, safety and welfare.
2.40.070 Preferences
A. Discretionary Local Preference. If the solicitation is in writing, the city
manager may provide a specified percentage preference of not more than ten
percent (10%) for goods fabricated or processed entirely in Oregon or services
performed entirely in Oregon.
1. When a preference is provided under this subsection, and more than
one offeror qualifies for the preference, the city manager may give further
preference to a qualifying offeror that resides in or is headquartered in
Oregon.
2. The city manager may establish a preference percentage of ten
percent (10%) or higher if the city manager makes a written determination
that good cause exists to establish the higher percentage, explains the
reasons, and provides evidence of good cause.
Ordinance No. ; August 22, 2019 Page 12
3. The preference described in this subsection cannot be applied to a
contract for emergency work, minor alterations, and ordinary repairs or
maintenance of public improvements.
B. Mandatory Tie Breaker Preference. If offers are identical in price, fitness,
availability and the quality is identical, and the city desires to award the contract,
the preferences provided in ORS 279A.120 shall be applied prior to the contract
award.
C. Reciprocal Preference. Reciprocal preferences must be given when
evaluating bids, if applicable under ORS 279A.120.
D. Preference for Recycled Materials and Supplies. Preferences for recycled
goods shall be given when comparing goods, if applicable under ORS 279A.125.
The city manager shall adopt standards to determine if goods are manufactured
from recycled materials.
2.40.080 General Provisions.
A. Public Notice. Unless otherwise specifically provided by these public
contracting rules, any notice required to be published by these public contracting
rules may be published using any method the city manager deems appropriate,
including but not limited to, mailing notice to persons that have requested notice
in writing, placing notice on the city's website, or publishing in statewide trade or
local publications.
B. Procedure for Competitive Verbal Quotes and Proposals. Where allowed
by these public contracting rules, solicitations by competitive verbal quotes and
proposals shall be based on a description of the quantity of goods or services to
be provided, and may be solicited and received by phone, or facsimile or email if
authorized by the city manager.
1. A good faith effort shall be made to contact at least three (3)
potential providers.
2. If three (3) potential providers are not reasonably available, fewer
will suffice, provided the reasons three potential providers are not
reasonably available is documented as part of the procurement file.
C. Procedure for Informal Written Solicitation. Where allowed by these public
contracting rules, informal written solicitations shall be made by a solicitation
document sent to not less than three (3) prospective providers.
1. The solicitation document shall request competitive price quotes or
competitive proposals, and include:
a. The date, time and place that price quotes or proposals are due;
b. A description or quantity of the good or service required;
c. Any statement of period for which price quotes or proposals must
remain firm, irrevocable, valid and binding on the offeror. If no time
is stated in the solicitation document, the period shall be thirty (30)
days;
d. Any required contract terms or conditions; and
Ordinance No. ; August 22, 2019 Page 13
e. Any required bid form or proposed format.
2. Price quotes or proposals shall be received by the city manager at
the date, time and place established in the solicitation document.
a. The city manager shall keep a written record of the sources of the
quotes or proposals.
b. If three (3) quotes or proposals are not reasonably available, fewer
shall suffice, but the city manager shall make a written record of the
effort made to obtain quotes or proposals as part of the
procurement file.
D. Procurement Methods for Professional Services and Public Improvements.
The city shall apply the Public Contracting Code and the Model Rules when
procuring professional services and public improvements and processing
protests thereof.
E. Retroactive Approval. Retroactive approval of a contract means the award
or execution of a contract where work was commenced without final award or
execution. The city manager may make a retroactive approval of a contract only if
the responsible employee submits a copy of the proposed contract to the city
manager, along with a written request for contract retroactive approval, that
contains:
1. An explanation of the reason work was commenced before the
contract was finally awarded or executed;
2. A description of steps being taken to prevent similar occurrences in
the future;
3. Evidence that, but for the failure to finally award or execute the
contract, the employee complied with all other steps required to properly
select a contractor and negotiate the contract; and
4. A proposed form of contract.
2.40.090 Source Selection Methods for Goods or Services, Other Than Personal or
Professional Services.
A. Small Procurements. Contracts for or purchases of goods or services with
a contract price of$10,000 or less are small procurements.
1. Purchases less than $7,500. The city manager may use any
procurement method the city manager deems practical or convenient, including
direct negotiation or award, for small procurements of goods or services with a
contract price of less than $7,500.
2. Purchases between $7,500 and $10,000. The city manager may use
competitive verbal quotes or proposals and informal written solicitations
for small procurements of goods or services with a contract price between
$7,500 and $10,000.
3. Negotiations. The city manager may negotiate with an offeror to
clarify competitive verbal quotes or proposals or informal written
Ordinance No. ; August 22, 2019 Page 14
proposals, or to make modifications that will make the quote or proposal
acceptable or more advantageous to the city.
4. Award. If a contract is awarded, the award shall be made to the
offeror whose verbal quote or proposal the city manager determines will
best serve the interests of the city, taking into account price as well as any
other relevant considerations, including but not limited to, experience,
expertise, product functionality, suitability for a particular purpose,
delivery, and contractor responsibility.
5. Amendments. Small procurement contracts may be amended if the
cumulative amendments do not increase the total contract price to more
than twenty-five percent (25%) of the original contract price.
6. Public notice. No public notice of small procurements is required.
B. Intermediate Procurements. Contracts for goods or services with a
contract price greater than $10,000 and less than or equal to $150,000 are
intermediate procurements.
1. Intermediate procurements shall be by informal written solicitation.
2. Negotiations. The city manager may negotiate with an offeror to
clarify an informal written solicitation, or to make modifications that will
make the quote, proposal or solicitation acceptable or more advantageous
to the city.
3. Award. If a contract is awarded, the award shall be made to the
offeror whose competitive verbal quote or proposal or informal written
solicitation the city manager determines will best serve the interests of the
city, taking into account price or any other relevant considerations,
including but not limited to, experience, expertise, product functionality,
suitability for a particular purpose, delivery and contractor responsibility.
4. Amendments. Intermediate procurement contracts may be amended
if the cumulative amendments do not increase the total contract price by
more than twenty-five percent (25%) of the original contract price.
5. Public notice. Public notice is required for intermediate
procurements with a contract price equal to or exceeding $50,000.
C. Large Procurements. Contracts for goods or services with a contract price
greater than $150,000 are large procurements.
1. The city manager may use competitive sealed bidding as set forth in
ORS 279B.055, or competitive sealed proposals as set forth in ORS 2796.060.
2. When using either competitive sealed bidding or competitive sealed
proposals, the city manager shall follow the applicable procedures set out in the
Model Rules.
3. The city shall apply the applicable procedure set out in the Model
Rules for processing protests of large procurements.
Ordinance No. ; August 22, 2019 Page 15
2.40.100 Personal Services Contracts.
A. Classification of Services as Personal Services. In addition to the classes
of personal services contracts identified in the definition of personal services
contracts, the city manager may classify additional specific types of services as
personal services. In determining whether a service is a personal service, the city
manager shall consider:
1. Whether the work requires specialized skills, knowledge and
resources in the application of technical or scientific expertise, or the
exercise of professional, artistic or management discretion or judgment;
2. Whether the city intends to rely on the contractor's specialized
skills, knowledge and expertise to accomplish the work; and
3. Whether selecting a contractor primarily on the basis of
qualifications, rather than price, would most likely meet the city's needs
and result in obtaining satisfactory contract performance and optimal
value.
4. A service shall not be classified as personal services for the
purposes of these public contracting rules if:
a. The work has traditionally been performed by contractors selected
primarily on the basis of price; or
b. The services do not require specialized skills, knowledge and
resources in the application of highly technical or scientific
expertise, or the exercise of professional, artistic or management
discretion or judgment.
B. Requests for Qualifications. At the city manager's discretion, a request for
qualifications may be used to determine whether competition exists to perform
the needed personal services or to establish a non-binding list of qualified
contractors for individual negotiation, informal written solicitations or requests for
proposals.
1. A request for qualifications shall describe the particular type of
personal services that will be sought, the qualifications the contractor must
have to be considered, and the evaluation factors and their relative
importance.
2. A request for qualifications may require information including, but
not limited to:
a. The contractor's particular capability to perform the required
personal services;
b. The number of experienced personnel available to perform the
required personal services;
c. The specific qualifications and experience of personnel;
d. A list of similar personal services the contractor has completed;
e. References concerning past performance; and
Ordinance No. ; August 22, 2019 Page 16
f. Any other information necessary to evaluate the contractor's
qualifications.
3. A voluntary or mandatory qualifications pre-submission meeting
may be held for all interested contractors to discuss the proposed personal
services. The request for qualifications shall include the date, time and
location of the meeting.
4. Unless the responses to a request for qualifications establish that
competition does not exist, the request for qualifications is canceled, or all
responses to the request for qualifications are rejected, and all
respondents who meet the qualifications set forth in the request for
qualifications shall receive notice of any required personal services and
have an opportunity to submit a proposal in response to request for
proposals.
C. Direct Negotiations. Personal services may be procured through direct
negotiations if:
1. The contract price does not exceed $75,000 and the work is within a
budgetary appropriation or approved by the city council; or
2. The confidential personal services, including special counsel, or
professional or expert witnesses or consultants, are necessary to assist
with pending or threatened litigation or other legal matters in which the city
may have an interest; or
3. The nature of the personal service is not project-driven but requires
an ongoing, long-term relationship of knowledge and trust.
4. Amendments. Personal services contracts procured by direct
negotiation pursuant to this section may be amended, provided the
amendment is within the scope of the original contract and the cumulative
amount of the amendments does not increase the total contract price by
more than twenty-five percent (25%) over the original contract price; or the
amendment is necessary to complete the work being performed and it
would be unreasonable or impracticable to seek another provider within
the time frames needed to complete the work.
5. Public Notice. No public notice of personal services contracts
procured by direct negotiations is required.
D. Informal Written Solicitations. An informal written solicitation process may
be used for personal services when the contract price is less than $125,000.
1. An informal written solicitation shall solicit proposals from at least
three (3) qualified providers. If the city manager determines three (3)
qualified providers are not reasonably available, fewer shall suffice if the
reasons three (3) providers are not reasonably available are documented in
the procurement file.
2. The solicitation document shall include:
a. The date, time and place that proposals are due;
Ordinance No. ; August 22, 2019 Page 17
b. A description of personal services sought, or the project to be
undertaken;
c. Any statement of the time period for which proposals must remain
firm, irrevocable, valid and binding on the offeror. If no time is
stated in the solicitation document, the period shall be thirty (30)
days;
d. Any required contract terms or conditions; and
e. Any required bid form or proposal format.
3. Selection and ranking of proposals may be based on the following
criteria:
a. Particular capability to perform the personal services required;
b. Experienced staff available to perform the personal services
required, including the proposer's recent, current and projected
workloads;
c. Performance history;
d. Approach and philosophy used in providing personal services;
e. Fees or costs;
f. Geographic proximity to the project or the area where the services
are to be performed; and
g. Such other factors deemed appropriate, including a desire to ensure
an equitable distribution of work among highly qualified contractors.
4. The city manager shall maintain written documentation of the
solicitation, including solicitation attempts, responses, and provider names
and addresses in the procurement file.
5. Amendments. Personal services contracts procured by informal
written solicitations pursuant to this section may be amended, provided the
amendment is within the scope of the original contract and the cumulative
amount of the amendments does not increase the total contract price by
more than twenty-five percent (25%) over the original contract price; or the
amendment is necessary to complete the work being performed and it
would be unreasonable or impracticable to seek another provider within
the time frames needed to complete the work.
6. Public Notice. No public notice of personal services contracts
procured by informal written solicitations pursuant to this section is
required.
E. Requests for Proposals. A request for proposals shall be used to procure
personal services when the contract price is $125,000 or more or the complexity
of the project requires the use of a formal competitive process to determine
whether a particular proposal is most advantageous to the city.
1. Request for Proposal. The request for proposal shall include:
Ordinance No. ; August 22, 2019 Page 18
a. Notice of any pre-offer conference, including:
i. The time, date and location;
ii. Whether attendance at the pre-offer conference is
mandatory or voluntary; and
iii. A provision that statements made by representatives
of the city at the pre-offer conference are not binding unless
confirmed by written addendum.
b. The form and instructions for submission of proposals, including
the location where proposals must be submitted, the date and time
by which proposals must be received and any other special
information, e.g., whether proposals may be submitted by electronic
means;
c. The name and title of the person designated for the receipt of
proposals and the person designated as the contact person for the
procurement, if different;
d. A date, time and place that pre-qualification applications, if any,
must be filed and the classes of work, if any, for which proposers
must be pre-qualified;
e. A statement that the city may cancel the procurement or reject any
or all proposals;
f. The date, time and place of opening;
g. The office where the request for proposals may be reviewed;
h. A description of the personal services to be procured;
i. The evaluation criteria;
j. The anticipated schedule, deadlines, evaluation process and protest
process;
k. The form and amount of any proposal security deemed reasonable
and prudent by the city manager to protect the city's interests;
I. A description of the manner in which proposals will be evaluated,
including the relative importance of price and other evaluation
factors used to rate the proposals;
m. If more than one tier of competitive evaluation will be used, a
description of the process under which the proposals will be
evaluated in the subsequent tiers;
n. If contracts will be awarded to more than one personal services
contractor, an identification of the manner in which the city will
determine the number of contracts to be awarded, or that the
manner will be left to the city's discretion at time of award;
Ordinance No. ; August 22, 2019 Page 19
o. If contracts will be awarded to more than one personal services
contractor, the criteria to be used to choose from the multiple
contracts when acquiring personal services shall be identified;
P. All required contract terms and conditions, including the statutorily
required provisions in ORS 279B.220, 279B.230 and 279B.235; and
q. Any terms and conditions authorized for negotiation.
2. Public Notice. The city manager shall provide public notice of a
request for proposals for personal services.
a. Public notice shall be given not less than twenty-one (21) days prior
to closing for the request for proposals, unless the city manager
determines that a shorter interval is in the public's interest, or a
shorter interval will not substantially affect competition.
b. The city manager shall document the specific reasons for the
shorter public notice period in the procurement file.
3. Amendments. Personal services contracts procured by requests for
proposals pursuant to this section may be amended, provided the amendment is
within the scope of the original contract and the cumulative amount of the
amendments does not increase the total contract price by more than twenty-five
percent (25%) over the original contract price; or the amendment is necessary to
complete the work being performed and it would be unreasonable or
impracticable to seek another provider within the time frames needed to complete
the work.
2.40.110 Alternative Source Selection Methods for Goods or Services &
Personal Services.
A. Sole-Source Procurements. A contract may be awarded as a sole-source
procurement without competition pursuant to this section.
1. Determination of Sole Source. Before a sole-source contract may be
awarded, the city manager shall make written findings that the goods or
services, personal services or professional services are available from only
one source, based on one or more of the following criteria:
a. The efficient use of existing goods or services, personal services or
professional services requires the acquisition of compatible goods
or services, personal services or professional services that are
available from only one source;
b. The goods or services, personal services or professional services
are available from only one source and required for the exchange of
software or data with other public or private agencies;
c. The goods or services, personal services or professional services
are available from only one source, and are needed for use in a pilot
or an experimental project; or
d. Other facts or circumstances exist that support the conclusion that
the goods or services, personal services or professional services
are available from only one source.
Ordinance No. ; August 22, 2019 Page 20
2. Negotiations. To the extent reasonably practical, contract terms
advantageous to the city shall be negotiated with the sole source provider.
3. Notice. The city manager shall post notice of any determination that
the sole source selection method will be used on the city's website not less
than ten (10) days prior to the date a sole source contract will be awarded.
The notice shall describe the goods or services, personal services or
professional services to be procured, identify the prospective contractor
and include the date and time when, and place where, protests of the use of
a sole source selection method must be filed.
B. Special Procurements. In its capacity as contract review board for the city,
the city council, upon its own initiative or upon request of the city manager, may
create special selection, evaluation and award procedures for, or may exempt
from competition, the award of a specific contract or class of contracts as
provided in this section.
1. Basis for Approval. The approval of a special solicitation method or
exemption from competition must be based upon a record before the city
council that contains the following:
a. The nature of the contract or class of contracts for which the special
solicitation or exemption is requested;
b. The estimated contract price or cost of the project, if relevant;
c. Findings to support the substantial cost savings, enhancement in
quality or performance, or other public benefit anticipated by the
proposed selection method or exemption from competitive
solicitation;
d. Findings to support the reason that approval of the request would
be unlikely to encourage favoritism or diminish competition for the
public contract or class of public contracts, or would otherwise
substantially promote the public interest in a manner that could not
practicably be realized by complying with the solicitation
requirements that would otherwise be applicable under these
regulations;
e. A description of the proposed alternative contracting methods to be
employed; and
f. The estimated date by which it would be necessary to let the
contract(s).
2. In making a determination regarding a special selection method, the
city council may consider the type, cost, amount of the contract or class of
contracts, number of persons available to make offers, and such other
factors as it may deem appropriate.
3. Hearing. The city shall approve the special solicitation or exemption
after a public hearing before the city council.
a. At the public hearing, the city shall offer an opportunity for any
interested party to appear and present comment.
Ordinance No. ; August 22, 2019 Page 21
b. The city council shall consider the findings and may approve the
exemption as proposed or as modified by the city council after
providing an opportunity for public comment.
C. Contracts. Subject to award at the city manager's discretion. The
following classes of contracts may be awarded in any manner that the city
manager deems appropriate to the city's needs, including by direct appointment
or purchase. Except where otherwise provided, the city manager shall make a
record of the method of award.
1. Amendments. Contract amendments shall not be considered to be
separate contracts if made in accordance with the public contracting rules.
2. Copyrighted Materials; Library Materials. Contracts for the
acquisition of materials entitled to copyright, including but not limited to,
works of art and design, literature and music, or materials even if not
entitled to copyright, purchased for use as library lending materials.
3. Equipment Repair. Contracts for equipment repair or overhauling,
provided the service or parts required are unknown and the cost cannot be
determined without extensive preliminary dismantling or testing.
4. Government-Regulated Items. Contracts for the purchase of items
for which prices or selection of suppliers are regulated by a governmental
authority.
5. Non-Owned Property. Contracts or arrangements for the sale or
other disposal of abandoned property or other personal property not
owned by the city.
6. Specialty Goods for Resale. Contracts for the purchase of specialty
goods by the city for resale to consumers.
7. Sponsorship Agreements. Sponsorship agreements, under which
the city receives a gift or donation in exchange for recognition of the
donor.
8. Structures. Contracts for the disposal of structures located on city-
owned property.
9. Renewals. Contracts that are being renewed in accordance with
their terms are not considered to be newly issued contracts and are not
subject to competitive procurement procedures.
10. Temporary Extensions or Renewals. Contracts for a single period of
one (1) year or less, for the temporary extension or renewal of an expiring
and non-renewable, or recently expired, contract, other than a contract for
public improvements.
11. Temporary Use of City-Owned Property. The city may negotiate and
enter into a license, permit or other contract for the temporary use of city-
owned property without using a competitive selection process if:
a. The contract results from an unsolicited proposal to the city based
on the unique attributes of the property or the unique needs of the
proposer;
Ordinance No. ; August 22, 2019 Page 22
b. The proposed use of the property is consistent with the city's use of
the property and the public interest; and
c. The city reserves the right to terminate the contract without penalty,
in the event that the city determines that the contract is no longer
consistent with the city's present or planned use of the property or
the public interest.
12. Used Property. The city manager may contract for the purchase of
used property by negotiation if such property is suitable for the city's
needs and can be purchased for a lower cost than substantially similar new
property.
a. For this purpose, the cost of used property shall be based upon the
life-cycle cost of the property over the period for which the property
will be used by the city.
b. The city manager shall record the findings that support the
purchase.
13. Utilities. Contracts for the purchase of steam, power, heat, water,
telecommunications services, and other utilities.
14. Conference/Meeting Room Contracts. Contracts entered into for
meeting room rental, hotel rooms, food and beverage, and incidental costs
related to conferences and city-sponsored workshops and trainings.
D. Emergency Procurements. When the city manager determines that
immediate execution of a contract within the city manager's authority is necessary
to prevent substantial damage or injury to persons or property, the city manager
may execute the contract without competitive selection and award or city council
approval, but, where time permits, competitive quotes should be sought from at
least three (3) providers.
1. When the city manager enters into an emergency contract, the city
manager shall, as soon as possible in light of the emergency
circumstances, document the nature of the emergency, the method used
for selection of the particular contractor, and the reason why the selection
method was deemed in the best interest of the city and the public.
2. The city manager shall also notify the city council of the facts and
circumstances surrounding the emergency execution of the contract.
E. Cooperative Procurement Contracts. Cooperative procurements may be
made without competitive solicitation as provided in the Public Contracting Code.
2.40.120 Surplus Property.
A. General Methods. Surplus property may be disposed of by any of the
following methods upon a determination by the city manager that the method of
disposal is in the best interest of the city. Factors that may be considered by the
city manager include costs of sale, administrative costs, and public benefits to the
city.
1. Governments. Without competition, by transfer or sale to another
government department or public agency.
Ordinance No. ; August 22, 2019 Page 23
2. Auction. By publicly advertised auction to the highest bidder.
3. Bids. By publicly advertised invitation to bid.
4. Liquidation Sale. By liquidation sale using a commercially
recognized third-party liquidator selected in accordance with these public
contracting rules for the award of personal services contracts.
5. Fixed Price Sale. The city manager may establish a selling price
based upon an independent appraisal or published schedule of values
generally accepted by the insurance industry, schedule and advertise a
sale date, and sell to the first buyer meeting the sales terms.
6. Trade-In. By trade-in, in conjunction with acquisition of other price-
based items under a competitive solicitation. The solicitation shall require
the offer to state the total value assigned to the surplus property to be
traded.
7. Donation. By donation to any organization operating within or
providing a service to residents of the state of Oregon, which is recognized
by the Internal Revenue Service as an organization described in section
501(c)(3) of the Internal Revenue Code of 1986, as amended.
B. Disposal of Property with Minimal Value. Surplus property which has a
value of less than $500, or for which the costs of sale are likely to exceed sale
proceeds, may be disposed of by any means determined to be cost-effective,
including by disposal as waste. The employee making the disposal shall make a
record of the value of the item and the manner of disposal.
C. Personal-Use Items. An item (or indivisible set) of specialized and personal
use with a current value of less than $100 may be sold to the employee or retired
or terminated employee for whose use it was purchased. These items may be
sold for fair market value without bid and by a process deemed most efficient by
the city manager.
D. Restriction on Sale to City Employees. City employees shall not compete,
as members of the public, for the purchase of publicly sold surplus property.
E. Conveyance to Purchaser. Upon the consummation of a sale of surplus
personal property, the city shall make, execute and deliver a bill of sale or similar
instrument signed on behalf of the city, conveying the property in question to the
purchaser and delivering possession, or the right to take possession, of the
property to the purchaser.
2.40.130 Protest and Appeal Procedures.
A. Appeal of Debarment or Prequalification Decision.
1. Right to Hearing. Any person who has been debarred from
competing for the city's contracts or for whom prequalification has been
denied, revoked or revised may appeal the city's decision to the city
council as provided in this section.
2. Filing of Appeal. The person shall file a written notice of appeal with
the city manager within five (5) business days after the prospective
Ordinance No. ; August 22, 2019 Page 24
contractor's receipt of notice of the determination of debarment or denial of
prequalification.
3. Notification of City Council. Immediately upon receipt of such
notice of appeal, the city manager shall notify the city council of the appeal.
4. Hearing. The procedure for appeal from a debarment or denial,
revocation or revision of prequalification shall be as follows:
a. Promptly upon receipt of notice of appeal, the city shall notify the
appellant of the date, time and place of the hearing;
b. The city council shall conduct the hearing and decide the appeal
within thirty (30) days after receiving notice of the appeal from the
city manager; and
c. At the hearing, the city council shall reconsider, without regard to
the underlying decision giving rise to the appeal, the notice of
debarment, or the notice of denial, revocation or revision of
prequalification, the standards of responsibility upon which the
decision on prequalification was based, or the reasons listed for
debarment, and any evidence provided by the parties.
5. Decision. The city council shall set forth in writing the reasons for
the decision.
6. Costs. The city council may allocate its costs for the hearing
between the appellant and the city.
a. The allocation shall be based upon facts found by the city council
and stated in the city council's decision that, in the city council's
opinion, warrant such allocation of costs.
b. If the city council does not allocate costs, the costs shall be paid by
the appellant if the decision is upheld, or by the city if the decision
is overturned.
c. Judicial Review. The decision of the city council may be reviewed
only upon a petition in the circuit court of{County} filed within
fifteen (15) days after the date of the city council's decision. The
appeal must be filed in accordance with all applicable state laws and
trial court procedures.
B. Protests and Judicial Review of Special Procurements. An affected person
may protest the request for approval of a special procurement as provided in this
section.
1. Delivery; Late Protests. An affected person shall deliver a written
protest to the city manager within seven (7) days after the first date of
public notice of a proposed special procurement, unless a different period
is provided in the public notice.
a. The written protest shall include a fee in an amount established in a
schedule adopted by the city manager to cover the costs of
processing the protest.
Ordinance No. ; August 22, 2019 Page 25
b. A protest submitted after the timeframe established under this
subsection is untimely and shall not be considered.
2. Content of Protest. The written protest shall include:
a. Identification of the requested special procurement;
b. A detailed statement of the legal and factual grounds for the protest;
c. Evidence or documentation supporting the grounds on which the
protest is based;
d. A description of the resulting harm to the affected person; and
e. The relief requested.
3. Additional Information. The city manager may allow any person to
respond to the protest in any manner the city manager deems appropriate,
by giving such persons written notice of the time and manner whereby any
response shall be delivered.
4. City Response. The city manager shall issue a written disposition of
the protest in a timely manner.
a. If the city manager upholds the protest, in whole or in part, the city
manager may, in the city manager's sole discretion, implement the
protest in the approval of the special procurement, deny the request
for approval of the special procurement, or revoke any approval of
the special procurement.
b. If the city manager upholds the protest, in whole or in part, the city
shall refund the fee required to be delivered with the protest.
5. Judicial Review. An affected person may not seek judicial review of
a denial of a request for a special procurement.
a. Before seeking judicial review of the approval of a special
procurement, an affected person shall exhaust all administrative
remedies.
b. Judicial review shall be in accordance with ORS 2796.400.
C. Protests and Judicial Review of Sole-Source Procurements. An affected
person may protest the determination that goods or services or a class of goods
or services are available from only one source as provided in this section.
1. Delivery; Late Protests. An affected person shall deliver a written
protest to the city manager within seven (7) days after the first date of
public notice of a proposed sole source procurement is placed on the city's
website, unless a different period is provided in the public notice.
a. The written protest shall include a fee in an amount established in a
schedule adopted by the city manager to cover the costs of
processing the protest.
b. A protest submitted after the timeframe established under this
subsection is untimely and shall not be considered.
Ordinance No. ; August 22, 2019 Page 26
2. Content of Protest. The written protest shall include:
a. A detailed statement of the legal and factual grounds for the protest;
b. Evidence or documentation supporting the grounds on which the
protest is based;
c. A description of the resulting harm to the affected person; and
d. The relief requested.
3. Additional Information. The city manager may allow any person to
respond to the protest in any manner the city manager deems appropriate
by giving such person written notice of the time and manner whereby any
response shall be delivered.
4. City Manager Response. The city manager shall issue a written
disposition of the protest in a timely manner.
a. If the city manager upholds the protest, in whole or in part, the
proposed sole-source contract shall not be awarded.
b. If the city manager upholds the protest, in whole or in part, the city
shall refund the fee required to be delivered with the protest.
5. Judicial Review. An affected person may not seek judicial review of
an election not to make a sole-source procurement.
a. Before seeking judicial review of the approval of a sole-source
procurement, an affected person shall exhaust all administrative
remedies.
b. Judicial review shall be in accordance with ORS 279B.400.
D. Protests and Judicial Review of Personal Services Procurements. An
affected person may protest the procurement of a personal services contract as
provided in this section.
1. Delivery. Unless otherwise specified in the solicitation document,
the protest shall be in writing and delivered to the city manager.
a. The written protest shall include a fee in an amount established in a
schedule adopted by the city manager to cover the costs of
processing the protest.
b. Protests of the procurement of a specific contract as a personal
services contract shall be made prior to closing.
c. Protests to the award or an intent to award a personal services
contract shall be made within seven (7) days after issuance of the
intent to award, or if no notice of intent to award is given, within
forty-eight (48) hours after award.
d. Protests submitted after the timeframe established under this
subsection are untimely and shall not be considered.
2. Contents of Protest. The written protest shall:
Ordinance No. ; August 22, 2019 Page 27
a. Specify all legal or factual grounds for the protest as follows:
A person may protest the solicitation on the grounds that the
contract is not a personal services contract or was otherwise in
violation of these public contracting rules or applicable law. The
protest shall identify the specific provision of these public
contracting rules or applicable law that was violated.
ii. A person may protest award or intent to award for the reason
that:
1. All proposals ranked higher than the affected persons are
nonresponsive;
2. The city failed to conduct the evaluation of proposals in
accordance with the criteria or processes described in the
solicitation document;
3. The city abused its discretion in rejecting the affected
person's proposal as nonresponsive; or
4. The evaluation of proposals or the subsequent
determination of award is otherwise in violation of these
public contracting rules or applicable law.
iii. The protest shall identify the specific provision of these
public contracting rules or applicable law that was violated by the
city's evaluation or award;
b. Include evidence or supporting documentation that supports the
grounds on which the protest is based;
c. A description of the resulting harm to the affected person; and
d. The relief requested.
3. Additional Information. The city manager may allow any person to
respond to the protest in any manner the city manager deems appropriate
by giving such person written notice of the time and manner whereby any
response shall be delivered.
4. City Manager Response. The city manager shall issue a written
disposition of the protest in a timely manner.
a. If the city manager upholds the protest, in whole or in part, the
proposed personal services contract procurement shall be
cancelled, or the contract shall not be awarded, as the case may be.
b. If the city manager upholds the protest, in whole or in part, the city
shall refund the fee required to be delivered with the protest.
5. Judicial Review. Before seeking judicial review, an affected person
shall exhaust all administrative remedies. Judicial review shall be in
accordance with ORS 2796.420.
E. Protests of Cooperative Procurements. Protests of the cooperative
procurement process, contents of a solicitation document, or award may be filed
Ordinance No. ; August 22, 2019 Page 28
with the city only if the city is the administering agency and under the applicable
procedure described herein.
SECTION 2. 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-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Recitals A-C) need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance
enacted by the Council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading. �y�
PASSED by the Council and signed by me in authentication of its passage this 1� day
of August 2019.
/',. Mayor Hank Williams
ATT
City Recorder ,-
Ordinance No. ; August 22, 2019 Page 29