HomeMy WebLinkAboutCAP082219
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, August 22, 2019
Mayor
Hank Williams
Ward I
Neil Olsen
Ward II
Kelley Johnson
Ward III
Brandon Thueson
Ward IV
Taneea Browning
At Large
Rob Hernandez
At Large
Michael Parsons
At Large
Michael Parsons
Next Res(1595) Ord (2060)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per
meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
V. CONSENT AGENDA
A. Approval of August 8, 2019 City Council Minutes
B. Meeting Cancellation for September 26, 2019
C. Street Closures for Made in Southern Oregon
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. ORDINANCES, AND RESOLUTIONS
A. Resolution No. _______, Adding Workplace Safety Manager to the Classification
Pay Plan (Simas)
B. Resolution No. _____, Adopting the July 1, 2019 – June 30, 2020 Classification
Pay Plan (Simas)
C. Resolution No. _______, Approving First Amendment to Agreement for Option
to Purchase for Real Property Known as Jackson County Assessor's Map
362W34 Tax Lots 200 & 300 and Authorizing City Manager to Effectuate Same
(Dreyer)
D. First Reading of 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 (Dreyer)
VIII. BUSINESS
A. 4th of July Fun Run Donation (Samitore)
B. Visitors Center Quarterly Report (Clayton)
IX. MAYOR'S REPORT
X. CITY MANAGER'S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. EXECUTIVE SESSION
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XIV. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov.
Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por
favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, August 8, 2019
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Present
Kelley Johnson Ward II Present
Brandon Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton; Interim City Attorney Jacquelyn
Bunick; Police Chief Kris Allison; Police Captain Dave Croft; Parks and Public Works
Director Matt Samitore; Community Development Director Tom Humphrey; and City
Recorder Deanna Casey.
IV. PUBLIC COMMENTS - None
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Brandon Thueson, Ward III
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
A. Approval of July 11, 2019 City Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. ORDINANCES, AND RESOLUTIONS
A. Resolution No. ________, A Resolution Accepting the Lowest Responsible
Bidder for the Hazel and Third Street Paving Project and Authorizing the City
Manager to Execute a Contract.
Parks and Public Works Director Matt Samitore stated that the City advertised for
bids for the North Third Street Paving Project. The City only received one bid from
Knife River Materials, Inc in the amount of $344,898. This project is budgeted for in
the 2019/2021 City Budget.
5.A
Packet Pg. 3 Minutes Acceptance: Minutes of Aug 8, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 8, 2019
Page 2
There was discussion regarding items 60 and 80 clarifying the need to cover any
substantial failure of the current street.
Rob Hernandez moved to approve Resolution No. 1592, A Resolution
Accepting the Lowest Responsible Bid from Knife River Materials for North
Third Street Paving Project and Authorizing the City Manager to Execute a
Contract.
RESULT: APPROVED AS AMENDED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Resolution No. _______, Approving a Conceptual Land Use and Transportation
Plan for CP-2B, an Urban Area of the City of Central Point, Oregon
Community Development Director Tom Humphrey presented a staff report and
power point presentation explaining the Regional Plan Element which includes a
provision that prior to expansion of the urban growth boundary (UGB) it is necessary
to adopt conceptual land use and transportation plans for the affected urban reserve.
The city has received requests to add part of the URA, CP-2B to the city’s UGB in
order to offer additional land for housing.
He explained the different organizations that have been involved in the concept plan
for CP-2B and the surrounding property owners that have expressed interest in being
included in the UGB. Changes to the concept plan were made with the
understanding that some people might be unhappy with the outcome and that it
might seem that public input is being ignored. He reminded council members that the
city is obligated to honor its commitment to the Regional Plan; the concept plan is a
general guide; and the designations the city places on property in this plan do not
change the County zoning or force county residents to come into the UGB.
In order to comply with the Regional Plan, the City must assign an urban land use
designation to all of the land in the URA using categories and percentages to which
the City and County agree. He explained the average residential density, open space
size and characteristics. The Jackson County Active Transportation plan will be used
to better define trails and bike paths once land is added to the UGB and planned for
development.
Tonight the Council is being asked to pick which plan best suites the needs of the
surrounding area and the city. The Planning Commission recommendation was
options 3, 2, then 1. Mayor Williams asked if any citizens wished to comment. No
one came forward.
Taneea Browning moved to approve Resolution No. 1593, A Resolution
Approving Conceptual Land Use and Transportation Plan Option 3 for CP-2B,
An Urban Area of the City of Central Point, Oregon.
5.A
Packet Pg. 4 Minutes Acceptance: Minutes of Aug 8, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 8, 2019
Page 3
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
C. Resolution No. _______, Authorizing the City Manager to Execute an
Intergovernmental Agreement Between Central Point and Jackson County
Related to Law Enforcement Services on Certain Roads
City Manager Chris Clayton explained that the City of Central Point currently include
a number of roads that are under the jurisdictional authority of Jackson County.
There are also county “islands” within in the city which at times can be confusing for
emergency services. This can be confusing for property owners, city staff and county
staff when determining who is responsible for road maintenance and law
enforcement. In an effort to clarify these issues, the department directors from both
agencies recently collaborated on the recommended IGA, which aims at clarifying
responsibilities on certain transportation-related facilities.
Central Point will be assuming law enforcement jurisdiction for residential county
roads and Jackson County will be retaining or assuming responsibility for some of
the larger, more regional transportation facilities. He explained which areas are of
concern, different roads in Central Point and the county islands. Both agencies are
part of a mutual aid agreement, which means when an agency is unable to respond
to a call for service, the other agency will provide assistance as necessary.
As these areas under the County jurisdiction are annexed into the city limits, many of
the existing county roads will ultimately be transferred to the jurisdiction of the city.
The regional transportation facilities will remain under the control of Jackson County
unless another mutual agreement is reached between agencies.
It was clarified that this is only for instances on the roadways like traffic accidents.
Property crimes would be covered by the jurisdiction where the property is located.
The State Legislature has passed an incentive bill for annexations and the council
may wish to revisit island annexations in the near future.
Kelley Johnson moved to approve Resolution No. 1594, A Resolution
Authorizing the City Manager to Execute an Intergovernmental Agreement
between Central Point and Jackson County Related to Law Enforcement
Services on Certain Roads.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Brandon Thueson, Ward III
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
VIII. BUSINESS
A. Storm Water Quality Report
Parks and Public Works Director Matt Samitore explained that the City assumed
5.A
Packet Pg. 5 Minutes Acceptance: Minutes of Aug 8, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 8, 2019
Page 4
control from Rogue Valley Sewer Services (RVSS) for the stormwater quality
program earlier this year. Staff members Mike Ono and Mike Blake prepared the
attached report which is similar to the report produced by RVSS. The report details
the actions and education that staff has completed during the past quarter. He
explained some of the educational pieces staff has been able to do with local
businesses.
RESULT: FOR DISCUSSION ONLY
B. Planning Commission Report
Community Development Director Tom Humphrey presented the Planning
Commission Report for August 6, 2019:
The Commission discussed the Conceptual Land Use and Transportation
Plan for Urban Reserve Area CP-2B and provided a recommendation to City
Council. Staff presented a completed version of the plan for review. The
Commission considered three alternative land use plans which satisfied the
density and land use percentages agreed to by the City. They ranked the
alternatives in 3, 2, and 1 in order of preference and recommended approval
by the City Council.
The Commission discussed changes to CPMC 17.77 Accessory Dwelling
Units (ADUs). The intent was to allow the construction of smaller independent
units on SFD lots and to provide more economical housing in Central Point.
This change was adopted in 2006 and has only been modestly used. The
Senate and DLCD would like to see cities implement legislation to help with
the housing crisis. The Commission made recommendations to staff and
asked to have the item returned in September for further review.
IX. MAYOR'S REPORT
Mayor Williams reported that he:
Attended two Medford Water Commission meetings. They talked about the capital
projects program that was neglected over the last few years. They will be playing
catch up now and water rates are expected to increase. They also held the
managers evaluation during their regular session.
Attended the Central Point Chamber Greeters.
Attended Oregonians in Action in Medford. They are a land use committee dealing
with rural property.
Attended the Oregon Mayors Conference last week. The City of Medford was the
host city and they did a great job. Central Point hosted the Golf Tournament where
the Central Point team won first place.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
JD Day was awarded the Bronze Star for his service up to and after his recovery.
Because of his impressive recovery the Air Force is rethinking how wounded warriors
will be evaluated for return to duty in the future. He has had an amazing recovery.
5.A
Packet Pg. 6 Minutes Acceptance: Minutes of Aug 8, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 8, 2019
Page 5
We have received a letter asking the city to evaluate the Street Tree Code. Council can
expect this item to come to a Study Session in September.
On July 31st, the city hosted two training sessions from David Rabiner for our employees
called “Being Part of a Winning Culture”.
We have received a request to shut down portions of Pine Street for a film crew. We
have a policy in place and the City Attorney is working with the organization on the
details.
We will have a special guest for the August Study Session to discuss the upcoming
Census.
There has been a concern with Avista regarding their lines around the proposed fire
station on Scenic. Staff is working with both organizations to come to a satisfactory
conclusion.
The City Attorney will be holding a land use hearings training for the City Council,
Planning Commission and Citizens Advisory Commission in the Fall.
XI. COUNCIL REPORTS
Council Member Brandon Thueson reported that he has been attending the Jail
Committee meetings. They have been discussing the mental health issues and the
ability to help with a new facility. They will continue to have monthly meeting through
December. After that they will approach the jurisdictions again for support and hopefully
go to a vote of the people next year.
Council Member Taneea Browning reported that:
She attended the lunch at the Mayors Golf Tournament for the Oregon Mayors
Association.
She attended the Fire District No. 3 Board meeting.
The next Greeters will be held at the Central Point Library.
Council Member Michael Parsons reported that:
He attended the RVSS Lunch and Board Meeting.
He attended the Parks and Rec Day at Twin Creeks. It was a great event created
and hosted by Central Point Staff.
He attended the Golf Tournament Lunch for the Mayor’s Conference.
He attended the Planning Commission meeting.
He wanted to thank the City for the new VIPS vehicle. The volunteers are very
thankful for the new vehicle.
Council Member Neil Olsen stated that he attended the Parks and Rec day at Twin
Creeks Park.
5.A
Packet Pg. 7 Minutes Acceptance: Minutes of Aug 8, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 8, 2019
Page 6
XII. DEPARTMENT REPORTS
Community Development Director Tom Humphrey reported that:
He attended a Kick off meeting for the Airport Master Plan this morning. They hired a
consultant to work on a new 10 year master plan.
There will be an Oregon Transportation Commission meeting in the Rogue Valley
next week.
We held our first meeting for the Boot Camp attendees. There will be nine business
owners attending the camp this year.
Police Chief Kris Allison reported that:
School starts September 3rd for the Central Point School District. The Police
Department is gearing up with patrols around the schools. They are excited for the
Rail Crossing to help with the congestion at Mae Richardson.
This Saturday is the D.A.R.E. Show and Shine and Cruise. There is a new route for
the Cruise this year.
There will be a Police Department open house September 2nd, this is a popular event
with the community. We will be providing swag bags and open the department and
patrol cars for viewing.
The Explorer Post attended a Challenge Event in WA last week. They competed in
different skill set tests. They took first place in Survival Skills.
Parks and Public Works Director Matt Samitore reported that:
We received the Community Center Bid from Chris Brown at $80,000 which is
double the budgeted amount. We will set up the work in phases and limit the
involvement he has with the community meetings. Council agrees to limit the
involvement of Chris Brown to save money.
The Signal Lights are up for the Rail Crossing and they are getting really close to
completion. He will keep the Council informed of the official opening. Mayor Williams
will drive the Developers of Twin Creeks, Noel and Brett Moore over the tracks for
the official opening.
We received a report on the Skyrman house that it is infested with ants. They have
eaten a lot of the building structure making it unstable. We recommend that the
building be demolished and something new constructed. There will be more
discussion on this item as we work on alternatives.
XIII. EXECUTIVE SESSION ORS 192.660 (2)(f) Exempt Public Records
Brandon Thueson moved to adjourn to Executive Session under ORS 192.660(2)(f)
Exempt Public Records. Kelley Johnson seconded and the meeting was adjourned to
executive session at 8:31 p.m.
The executive session was adjourned at 8:46.
5.A
Packet Pg. 8 Minutes Acceptance: Minutes of Aug 8, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
August 8, 2019
Page 7
XIV. ADDITIONAL BUSINESS
No further action was taken in regular session.
XV. ADJOURNMENT
Mike Parsons moved to adjourn, Taneea Browning seconded. All said "aye" and the
meeting was adjourned at 8:47 p.m.
The foregoing minutes of the August 8, 2019, Council meeting were approved by the City
Council at its meeting of _________________, 2019.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
5.A
Packet Pg. 9 Minutes Acceptance: Minutes of Aug 8, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Clerk
FROM: Deanna Casey, City Recorder
MEETING DATE: August 22, 2019
SUBJECT: Meeting Cancellation for September 26, 2019
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
The Administrative Staff is recommending the cancellation of the September 26, 2019 City
Council meeting. There will be no quorum that week because of attendance at the League of
Oregon Cities Conference in Bend September 25th - 28th, 2019.
RECOMMENDED MOTION: Approval of the Consent Agenda.
5.B
Packet Pg. 10
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: August 22, 2019
SUBJECT: Street Closures for Made in Southern Oregon
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: The City will be closing down East Pine in the downtown for
the Made in Southern Oregon event on August 24, 2019. Only Pine between 1st and 4th will be
completely shut down. .
FINANCIAL ANALYSIS: The overtime associated with the closure is included in the 19-21 FY
Budget.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: 2- Build City pride and positive image.
Strategies:
a) Create a brand and launch awareness campaign, articulate vision and mission, define
values;
b) Recognize the successes of Businesses, Citizens, and Government publicly;
c) Communicate and celebrate events, honor our past and take pride in the future;
d) Promote “healthy neighborhoods” by encouraging socioeconomic diversity. Design with
health and safety in mind (i.e., Crime Prevention through Environmental Design) when
making infrastructure improvements (including parks and schools);
e) Review current codes in use for development and improvement. Revise as necessary to
create “healthy neighborhoods.” Enforce codes in older established neighborhoods.
STAFF RECOMMENDATION: Approval of the temporary street closure for the 2019 Made in
Southern Oregon Event
RECOMMENDED MOTION: I move to approve the Consent Agenda as presented.
5.C
Packet Pg. 11
ATTACHMENTS:
1. HPSC0001
5.C
Packet Pg. 12
5.C.a
Packet Pg. 13 Attachment: HPSC0001 (1180 : Street Closures for Made in Southern Oregon)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Human Resources
FROM: Elizabeth Simas, Human Resources Director
MEETING DATE: August 22, 2019
SUBJECT: Resolution No. _______, Adding Workplace Safety Manager to the
Classification Pay Plan
ACTION REQUIRED:
RECOMMENDATION:
BACKGROUND/HISTORY: In 2010, the City re-hired the then retired Public Works Operations
Manager as the part-time Safety Training Coordinator to ensure the continuity of the City’s
safety program. In 2015, the incumbent passed away; that position went unfilled and the duties
were distributed to the Public Works Operations Manager, Human Resources Director, and the
Police Department. Last July the Public Works Operations Manager left the organization and
that position was not filled. With the distribution of the safety duties and the unfilled Public
Works position, it has left a void that needs to be filled particularly in Public Works Department.
A safety program consists of management commitment and employee involvement, work-site
analysis, hazard prevention and control, and safety and health training for employees and
supervisors. The goal is to prevent workplace injuries and illnesses. This position will ensure
we those components are fully being met.
During the budget approval process for FY 2019-21, the Public Works Department included
money in contract services for the safety program, however at that time it was not determined
how we would fill that need. After considering our options, it was determined that we need to
reinstate the part-time safety dedicated position.
PROPOSAL: It is proposed that the Council approve a new part-time position titled “Workplace
Safety Manager”. The Workplace Safety (WS) Manager position would be a management-level
position reporting to the Human Resources Director/Risk Manager. This would add an
additional 0.5 FTE to the biennial budget.
FISCAL IMPACT: The proposed WS Manager position would be placed on the Classification
Pay Plan at a new management level “ D.” The range for “D” is $30 to $40 per hour. This
position would work less than 80 hours per month. For the biennial (two year) budget,
approximately $95,000-$100,000 would be moved from contract services to personal services
7.A
Packet Pg. 14
from Public Works water, streets/storm, parks, administration, and other departments served by
this position when a supplemental budget is done later in the fiscal year. Because this is a
specialized part-time position it is uncertain if we will be able to find a qualified applicant that is
willing to work part-time at the wage we are offering.
NEGATIVE IMPACTS: The negative impact of this addition is fiscal; it involves additional
personnel costs and would add an additional 0.5 full-time equivalent (FTE)position to the
biennial budget.
POSITIVE IMPACTS: The City of Central Point is committed to providing safe and
healthful workplace. With the personnel changes in the City, we have a void to fill. Our
employees are our biggest asset and we need to provide a compressive safety program to stay
in compliance with regulations from federal and state government as well as provide a
framework to help prevent our employees and the public from being injured. It is important for
us to have someone solely dedicated to providing a safe workplace for our employees and to
ensure we are staying compliant with the ever changing legal landscape. The addition this
position provides a visible commitment the City has to our employees' safety.
RECOMMENDATION: Motion to approve Resolution _____, A Resolution adding a
Workplace Safety Manager to the Classification Pay Plan
ATTACHMENTS: Job Description for Workplace Safety Manager
ATTACHMENTS:
1. Workplace Safety Manager Resolution
2. 003 ADM Workplace Safety Manager 2019
7.A
Packet Pg. 15
July 1, 2019 – June 30, 2020 Classification Pay Plan Resolution
RESOLUTION NO.
A RESOLUTION ADDING THE WORKPLACE SAFETY MANAGER TO THE CLASSIFICATION PAY
PLAN
RECITALS:
1. Chapter 2.48 of the Central Point Code authorizes and directs the City Council to adopt rules
relating to personnel matters.
2. Policy #3.06.2 of the Personnel Policies and Procedures provides that the Council shall, by
resolution, adjust the salaries and rates of compensation and benefits for all City officers and
employees. The City Council deems it to be in the best interest of the City to make revisions
thereto.
The City of Central Point resolves as follows:
The council to add the part-time Workplace Safety Manager to the Classification Pay Plan for
bargaining unit and management employees, as attached, is hereby ratified and adopted.
Passed by the Council and signed by me in authentication of its passage this _____ day of August, 2019.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
7.A.a
Packet Pg. 16 Attachment: Workplace Safety Manager Resolution (1183 : Adding Workplace Safety Manager to the Classification Plan)
City of Central Point Position Description Workplace Safety Manager
08-22-2019 Page 1 of 2
Job Title: 003 – WORKPLACE SAFETY MANAGER Department: Administration
Payroll Status: Part-Time, Management. Band: Band D of the management, non-represented scale
Purpose: The Workplace Safety Manager works under the general direction of the Human Resources
Director/Risk Manager to perform a wide variety of complex, professional work in the areas relating to
safety and risk management and training.
Supervision Received: Receives direction and oversight from Human Resources Director.
Independence of action is required in the general performance of duties.
Supervision Exercised: Generally, none. On occasion, may oversee the work of employees or interns.
Duties and Responsibilities: This list is an example of the tasks the employee may be expected to
perform, but is not intended to be all inclusive.
General Duties
Develop and oversee a comprehensive safety program for City staff. Assess current program
and determine strategies and framework to effectively deliver organizational safety training and
draft or revise policies and procedures for approval and implementation. Evaluate training
activities and make adjustments as necessary and appropriate.
Develop and write training plans, manuals, and other procedural information.
Evaluates work procedures and processes and ensures that safe work practices are being
followed by employees.
Oversees the Hearing Conservation testing program.
Design and develop cost effective training programs and alternative strategies including online
training delivery to meet identified training needs of the organization.
Provides timely and accurate information regarding safety programs.
Recommends programs and techniques to improve the effectiveness of the City workplace safety
program.
Arrange for and/or conduct workplace safety and other training as appropriate using appropriate
training methods.
Serves as a principal trainer for the Public Work Department and may include confined spaces,
lock-out tag-out, work zone traffic control, flagging and other related training.
Assist the Risk Manager with development, revision, and implementation of Risk Management
policies and procedures.
Serve as management representative on the City’s Safety Committee.
Investigate all reports of workplace injuries or near issues.
Maintain OR-OSHA compliance records and documentation.
Carry out duties in accordance with state and federal laws and regulations; City of Central Point
policies, mission, and core values; and risk management “best practices.”
Contributes to an overall productive and respectful work environment by providing excellent
customer service and working in a positive, collegial manner at all times.
Demonstrates regular, reliable and punctual attendance.
Ability to accept direction and constructive criticism from supervisors and managers.
Follow all safety rules and procedures for work areas.
Perform other responsibilities and other duties as assigned.
Job Qualification Requirements (Knowledge, Skills & Abilities):
KNOWLEDGE: Knowledge of principles and techniques of training; organizational safety issues; risk
management; public entity liability; and applicable Federal, State and local laws, rules and regulations
pertaining to safety in local government operations.
7.A.b
Packet Pg. 17 Attachment: 003 ADM Workplace Safety Manager 2019 (1183 : Adding Workplace Safety Manager to the Classification Plan)
City of Central Point Position Description Workplace Safety Manager
08-22-2019 Page 2 of 2
ABILITIES: Ability to identify safety issues, investigate workplace injuries, analyze problems, identify
alternative solutions, project consequences of proposed actions and implement recommendations in
support of goals to improve operation, procedures, policies, or methods; plan and administer a city-
wide safety program; provide relevant and meaningful training; maintain cooperative and effective
working relationships with City staff, vendors, and governing bodies; develop effective procedures
and actions necessary to fulfill requirements of safety compliance regulations; read and comprehend
complex rules and laws; and communicate effectively, both orally and in writing. As needed, ability to
work early morning hours to provide training to public works staff.
SKILLS: Requires excellent communication and presentation skills; computer skills sufficient to
proficiently use word processing, spreadsheet, and presentation applications. Skill in the operation of
office machines including photocopiers, projectors, calculators, telephone, fax, etc.
Minimum Required:
A typical way to gain such knowledge and abilities would be a Bachelor’s degree in public administration,
business, finance, management, human resources or related field and a minimum of five years of
progressively responsible safety, safety training, policy writing, worker’s compensation, or supervisor
experience particularly in the construction, manufacturing, or public agency setting.
.
Preferred /Special Qualifications:
Degree or certification in occupational health and safety, risk management, safety, or training is desirable.
Any equivalent combination of education and experience likely to provide the required knowledge and
abilities would be qualifying.
Physical Demand: Manual dexterity and coordination are required for more than half of the daily work
period (about 50%-60%) which is spent either sitting while operating office equipment such as computers,
keyboards, telephones, and other standard office equipment or driving to meeting locations. While
performing the duties of this position, the employee is frequently required to stand, walk, reach, bend,
kneel, stoop, twist, crouch, crawl, climb, balance, see, talk, hear, smell and manipulate objects. The
position requires a degree of mobility and moving materials weighing up to 5 lbs. frequently, up to 25 lbs.
occasionally, and up to 50 pounds rarely. This position requires both verbal and written communication
abilities.
Work Environment: While performing the duties of this position, the employee is primarily working
indoors in an office environment. The office setting does not expose the employee to hazardous
conditions. The noise level in the work environment is usually moderate and lighting is adequate. The
field work (i.e. investigations and inspections) may include exposure to noise, nuisance, dust, noxious
and toxic gases and vapors, inclement weather, traffic, and other related construction-type job hazards.
The physical demands and work environment characteristics described here are representative of those
that must be met by an employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
REQUIRED SIGNATURES:
My signature below is evidence that I have reviewed and concurred that the above detailed job
description appropriately describes the work of the position, including essential job functions,
physical demands of the position and the minimum education and experience required of the
position.
___________________________________ _____________________________
City Manager Date
___________________________________ _____________________________
Human Resources Director Date
Date 8/22/19
7.A.b
Packet Pg. 18 Attachment: 003 ADM Workplace Safety Manager 2019 (1183 : Adding Workplace Safety Manager to the Classification Plan)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Human Resources
FROM: Elizabeth Simas, Human Resources Director
MEETING DATE: August 22, 2019
SUBJECT: Resolution No. _____, Adopting the July 1, 2019 – June 30, 2020
Classification Pay Plan
ACTION REQUIRED:
RECOMMENDATION:
BACKGROUND/HISTORY:
In December 2010 the council adopted a Management Compensation Plan (MCP). The plan
specifies that to maintain a competitive compensation plan that minimum and maximum salary
bands will increase based on the US City Average CPI-U July to July effective January of the
next year. In most cases, a change to the minimum or maximum salary does not change a
manager’s salary. Pay changes for management employees are tied to performance and
limited to the parameters set by the management compensation plan. At a minimum,
management salary ranges are to be reviewed at least every three years which was done for
2017; the salaries will be reviewed in 2020.
For the past three years, the salary schedule range increases to the Management
Compensation Plan have been limited to the CPI-U not to exceed 2.5%. The salary schedule
increase for 2018 was 1.7%; 2019 2.5% (CPI-U was 2.9%); and 2020 is 1.8%. Next year the
City will conduct a market salary survey to ensure the City management salaries remain
competitive to the market.
The following changes are being proposed to the Classification Pay Plan:
· Part A of the pay plan (General Service Bargaining Unit) - No changes.
· Part B of the pay plan (Police Bargaining Unit) - No changes.
· Part C of the pay plan (management/non-represented)
· Update the salary schedule 1.8% to the minimum and maximums of the scales effective
January 1, 20120. The CPI-U for July 2018 - July 2019 was 1.8%.
· Adding a part-time Workplace Safety Manager.
· Increasing the Salary Band “C” for the Human Resources Assistant to be consistent with
similarly situated administrative support staff in the other departments within the City.
The Council is asked to approve the Classification Pay Plan with any revisions from the prior
approved plan.
7.B
Packet Pg. 19
This proposed, revised pay plan reflects changes for all employee groups since the last pay
plan was approved by council on June 13, 2019, and has an effective date of July 1, 2019.
RECOMMENDATION:
Motion to approve Resolution _____, A Resolution revising the Classification Pay Plan.
ATTACHMENTS: Classification Pay Plan
ATTACHMENTS:
1. 2019-20-2 Classification Pay Plan Resolution
2. 2019-2 Pay Plan 2019-20
7.B
Packet Pg. 20
July 1, 2019 – June 30, 2020 Classification Pay Plan Resolution
RESOLUTION NO.
A RESOLUTION ADOPTING THE JULY 1, 2019 – June 30, 2020 CLASSIFICATION PAY PLAN
RECITALS:
1. Chapter 2.48 of the Central Point Code authorizes and directs the City Council to adopt rules
relating to personnel matters.
2. Policy #3.06.2 of the Personnel Policies and Procedures provides that the Council shall, by
resolution, adjust the salaries and rates of compensation and benefits for all City officers and
employees. The City Council deems it to be in the best interest of the City to make revisions
thereto.
The City of Central Point resolves as follows:
The Classification Pay Plan for bargaining unit and management employees, as attached, is
hereby ratified and adopted.
Passed by the Council and signed by me in authentication of its passage this _____ day of August, 2019.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
7.B.a
Packet Pg. 21 Attachment: 2019-20-2 Classification Pay Plan Resolution (1184 : July 1, 2019 – June 30, 2020 CLASSIFICATION PAY PLAN)
Part A: General Service Bargaining Unit Positions (hourly) (monthly) Schedule Effective 7/1/19
Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G
Grade 2-3 GS2-3 16.31 17.13 17.99 18.89 19.83 20.82 21.86
100 Office Assistant 2,827 2,969 3,118 3,274 3,437 3,609 3,789
122 Utility Laborer
Grade 4 GS4 17.79 18.68 19.61 20.59 21.62 22.70 23.84
101 Account Clerk: Finance/Public Works 3,084 3,238 3,399 3,569 3,747 3,935 4,132
102 Community Development Specialist
103 Parks Maintenance Worker
104 Recreation Specialist
105 Utility Worker
Grade 5 GS5 19.99 20.99 22.04 23.14 24.30 25.52 26.80
106 Assistant Engineering Technician 3,465 3,638 3,820 4,011 4,212 4,423 4,645
107 Customer Service Technician
108 Equipment Maintenance Technician
109 Planning Technician
110 Recreation Programs Coordinator
111 Senior Utility Worker
Grade 6 GS6 22.14 23.25 24.41 25.63 26.91 28.26 29.67
112 Acctg/Business Services Coordinator 3,838 4,030 4,231 4,443 4,664 4,898 5,143
113 Parks Lead
114 Recreation Coordinator: Special Events/Mktg
123 Stormwater/Erosion Control Tech
Grade 7 GS7 24.41 25.63 26.91 28.26 29.67 31.15 32.71
115 Community Planner I 4,231 4,443 4,664 4,898 5,143 5,399 5,670
116 Foreman: Streets, Water
117 Park Planner
Grade 8 GS8 27.31 28.68 30.11 31.62 33.20 34.86 36.60
118 Community Planner II 4,734 4,971 5,219 5,481 5,755 6,042 6,344
119 Construction Management Coordinator
120 Environmental Services/GIS Coordinator
121 Information Technology Specialist
Grade 9 GS9 30.32 31.84 33.43 35.10 36.86 38.70 40.64
vacant 5,255 5,519 5,795 6,084 6,389 6,708 7,044
Part B: Police Bargaining Unit Positions Schedule Effective 7/1/19
Position#Classification Title Grade Step A Step B Step C Step D Step E Step F
200 Police Support Specialist P110 3,372 3,541 3,718 3,904 4,099 4,304
201 Community Services Officer P117 3,578 3,757 3,945 4,142 4,349 4,566
202 Police Officer P145 4,586 4,815 5,056 5,309 5,574 5,853
203 Corporal P150 5,072 5,326 5,592 5,872 6,166 6,474
Classification Pay Plan Effective July 1, 2019 - June 30, 2020
Approved ________ by Council, Resolution#_____
7.B.b
Packet Pg. 22 Attachment: 2019-2 Pay Plan 2019-20 (1184 : July 1, 2019 – June 30, 2020 CLASSIFICATION PAY PLAN)
Part C: Exempt, Non-Bargaining Unit, Management Positions Schedule effective 1/1/19 - 12/31/19
Position#Classification Title Band Minimum —Maximum
002 Human Resources Assistant (Part-time)C 15.38 hourly 20.50
003 Workplace Safety Manager (Part-time)D 30.00 hourly 40.00
500 Accountant/Finance Supervisor I 5,382 Monthly 7,227
501 City Recorder I 5,382 Monthly 7,227
502 Parks & Recreation Manager I 5,382 Monthly 7,227
503 Parks & Public Works Supervisor I 5,382 Monthly 7,227
507 Police Office Manager I 5,382 Monthly 7,227
504 Parks & Public Works Operations Mgr II 6,458 Monthly 8,354
505 Building Division Manager II 6,458 Monthly 8,354
506 Principal Planner II 6,458 Monthly 8,354
511-515 Department Director (CD, FIN, HR, IT, PPW)III 6,817 Monthly 9,584
508 Police Lieutenant (non-exempt)P-I 5,945 Monthly 7,944
509 Police Captain P-II 7,124 Monthly 9,174
510 Police Chief P-III 8,252 Monthly 10,507
Part C: Exempt, Non-Bargaining Unit, Management Positions Schedule effective 1/1/20 - 12/31/20
Position#Classification Title Band Minimum —Maximum
002 Human Resources Assistant (Part-time)C 17.79 Hourly 23.84
003 Workplace Safety Manager (Part-time)D 30.54 Hourly 40.72
500 Accountant/Finance Supervisor I 5,479 Monthly 7,357
501 City Recorder I 5,479 Monthly 7,357
502 Parks & Recreation Manager I 5,479 Monthly 7,357
503 Parks & Public Works Supervisor I 5,479 Monthly 7,357
507 Police Office Manager I 5,479 Monthly 7,357
504 Parks & Public Works Operations Mgr II 6,574 Monthly 8,504
505 Building Division Manager II 6,574 Monthly 8,504
506 Principal Planner II 6,574 Monthly 8,504
511-515 Department Director (CD, FIN, HR, IT, PPW)III 6,940 Monthly 9,757
508 Police Lieutenant (non-exempt)P-I 6,052 Monthly 8,087
509 Police Captain P-II 7,252 Monthly 9,339
510 Police Chief P-III 8,401 Monthly 10,696
Approved _________ by Council, Resolution # _____
Approved ________ by Council, Resolution#_____
7.B.b
Packet Pg. 23 Attachment: 2019-2 Pay Plan 2019-20 (1184 : July 1, 2019 – June 30, 2020 CLASSIFICATION PAY PLAN)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: August 22, 2019
SUBJECT: Resolution No. _______, Approving First Amendment to Agreement for
Option to Purchase for Real Property Known as Jackson County
Assessor's Map 362W34 Tax Lots 200 & 300 and Authorizing City
Manager to Effectuate Same
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: The City acquired real property consisting of 47 acres commonly
referred to as Map No. 36 2W 34, Tax Lots 200 and 300 located behind 5795 Upton Road (the
“Property”) in 1975 for a future sewer treatment facility. In 1982 the City transferred its sewers to
Rogue Valley Sewer Services as part of a regional program. The City has leased the Property for farming
purposes since its acquisition.
In 2017, per Resolution No. 1519, the City determined there was no public purpose in retaining
ownership of the Property, declared the Property surplus, and directed the City to sell the Property. The
City was unable to find a buyer to purchase the Property outright at that time. Instead, in 2018, the City
approved an Agricultural Lease effective July 1, 2018, and an Option Agreement dated July 1, 2018 for
the Property with Forest Stroud (“Stroud”) per Resolution No. 1553. The Option Agreement provides
that Stroud may exercise an option to purchase the Property on or after June 1, 2021 for a purchase
price of $416,000.00.
Recently Stroud approached City staff seeking an amendment to the Option Agreement to purchase the
property at an earlier date, in consideration for an increase of the purchase price to $495,000.00. The
sale would close on or before September 28, 2019.
City staff analyzed the loss of lease revenue with an increase in the purchase price and presented a
discussion item to Council in June in which staff found that the increase in the purchase price more than
offset the loss of rental income and therefore recommended that it is in the City’s best interest to
approve an amendment to the Option Agreement and sell the property on or before September 28,
2019
FINANCIAL ANALYSIS:
1. The current lease agreement requires the lessee to pay $10,500 quarterly for 3 years.
Additionally, the lessee has the option to purchase the property at the end of the 3-year term
7.C
Packet Pg. 24
for a set amount of $416,000. The current lease agreement began (retroactively) July 1, 2018,
and concludes June 30, 2021.
2. Current Agreement: $10,500 (paid quarterly) and compounded annually at 3.5% interest (LGIP
account) for 3 year period = $130,461.45. Assuming lessee selects option to purchase at
$416,000, the following would hold true. $ 130,461.45 + 416,000 at 3.5% compounded annually
(remaining 2-years) = $585,383.17 over the entire 5-year period.
3. The lessee has requested the city consider amending the existing agreement and selling the
property immediately for $495,000. Thus far (12 months), the lessee has paid a total of $42,000
in lease payments. If the council approved the requested $495,000 sale price/offer. $42,000 +
$495,000 at 3.5% compounded annually over the next four years = $616,219.85 over the entire
5-year period.
LEGAL ANALYSIS: None.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Not Applicable.
STAFF RECOMMENDATION: Approve Amended Option Agreement.
RECOMMENDED MOTION: I move to approve Resolution No. _____ a resolution approving
the first amendment to agreement for option to purchase real property known as Jackson
County Assessor’s Map No. 36 2W 34, Tax Lots 200 and 300 and authorizing City Manager to
effectuate same.
ATTACHMENTS:
1. RESO Approving Amended Option Agt - Stroud
2. Amendment to Option Agreement - Stroud
7.C
Packet Pg. 25
Res. No.___________; August 22, 2019 Page 1
RESOLUTION NO. _______
A RESOLUTION APPROVING FIRST AMENDMENT TO AGREEMENT FOR
OPTION TO PURCHASE FOR REAL PROPERTY KNOWN AS JACKSON COUNTY
ASSESSOR’S MAP NO. 36 2W 34 TAX LOTS 200 and 300 AND AUTHORIZING
CITY MANAGER TO EFFECTUATE SAME
RECITALS:
A. City acquired real property consisting of 47 acres commonly referred to as Map
No. 36 2W 34, Tax Lots 200 and 300 located behind 5795 Upton Road (the
“Property”) in 1975 for a future sewer treatment facility.
B. In 1982 the City transferred its sewers to Rogue Valley Sewer Services as part of
a regional program.
C. The City has leased the Property for farming purposes since its acquisition.
D. In 2017, per Resolution No. 1519, the City determined there was no public
purpose in retaining ownership of the Property and declared the Property
surplus and directed the City to sell the Property
E. In 2018, the City approved an Agricultural Lease with an effective date of July 1,
2018, and an Agreement for Option to Purchase dated July 1, 2018 for the
Property with Forest Stroud (“Stroud”) (the “Option Agreement”) per Resolution
No. 1553. The Option Agreement provides that Stroud may exercise an option to
purchase the Property on or after June 1, 2021 with a purchase price of
$416,000.00.
F. Stroud has proposed an amendment to the Option Agreement to purchase the
property at an earlier date, in consideration for an increase of the purchase price
to $495,000.00. The sale would close on or before September 28, 2019.
G. City staff has analyzed the loss of lease revenue with an increase in the purchase
price and recommends that it is in the City’s best interest to approve an
amendment to the Option Agreement and sell the property on or before
September 28, 2019 in accordance with the goals established by the 2007 City of
Central Point strategic plan.
7.C.a
Packet Pg. 26 Attachment: RESO Approving Amended Option Agt - Stroud (1185 : Resolution Approving Amended Option Agreement (362W34 Tax Lots 200
Res. No.___________; August 22, 2019 Page 2
The City of Central Point resolves:
Section 1. The attached First Amendment to Agreement for Option to Purchase
providing for the sale of approximately 47 acres commonly referred to as Map No. 36
2W 34, Tax Lots 200 and 300 located behind 5795 Upton Road on or before September
28, 2019 is approved.
Section 2. The City Manager is hereby authorized, on behalf of the City and without
further action by the City Council, to execute the Amended Option Agreement and to
perform all necessary acts, sign all necessary documents, and complete any other
necessary matters in order to close on the sale of the Property.
Passed by the Council and signed by me in authentication of its passage this
_____ day of August, 2019.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
7.C.a
Packet Pg. 27 Attachment: RESO Approving Amended Option Agt - Stroud (1185 : Resolution Approving Amended Option Agreement (362W34 Tax Lots 200
FIRST AMENDMENT Page 1 of 2
FIRST AMENDMENT TO AGREEMENT FOR OPTION TO PURCHASE
THIS AMENDMENT is made this ___ day of August 2019, being deemed by the undersigned as a part of that certain Agreement for Option to Purchase dated July 1, 2018, by and between City of Central Point, Oregon as “Owner”, and Forest Stroud, as “Optionee”
(“the Option Agreement”).
RECITALS A. The parties desire to amend the Option Agreement as set forth herein.
B. Optionee is currently in compliance with all obligations imposed on Optionee pursuant to that certain Agricultural Lease between the parties dated July 1, 2018 (“the Lease”). AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and the Option Agreement, the parties hereto agree as follows: 1. Recitals. The parties acknowledge and agree that the above stated Recitals are
incorporated herein and deemed a material part of this Amendment.
2. Option Agreement Amendment. The parties agree that the Option Agreement shall be amended as follows:
2.1 Special Option Exercise Right. Optionee has the right to exercise the Option as
of the date of this Amendment for a Purchase Price of $495,000.00. The parties acknowledge and agree that Optionee’s execution of this Amendment shall constitute the Exercise Notice pursuant to the Option Agreement for the amended Purchase Price of $495,000.00.
2.2 Closing Date. Closing shall occur on or before September 28, 2019, at the
offices of the Escrow Agent. 2.3 Rent Credit. At Closing, Optionee shall receive a rent credit in the amount of Three Thousand Five Hundred and No/100 Dollars ($3,500.00), which shall be applied
towards the amended Purchase Price of $495,000.00. Upon Closing, the Lease shall terminate
without notice and shall have no further force or effect. 3. Miscellaneous Provisions.
3.1 Counterparts. This Amendment may be executed by the parties in separate
counterparts, each of which when executed and delivered shall be an original, but all of which together shall constitute one and the same instrument. For the purposes of this Amendment, a facsimile or electronic copy of a signature shall be deemed effective as an original signature.
7.C.b
Packet Pg. 28 Attachment: Amendment to Option Agreement - Stroud (1185 : Resolution Approving Amended Option Agreement (362W34 Tax Lots 200 &
FIRST AMENDMENT Page 2 of 2
3.2 Interpretation. Each party intends that this Amendment in all respects shall be deemed and construed to be equally and mutually prepared by all parties and it is hereby
expressly agreed that any uncertainty or ambiguity shall not be construed for or against any
party. 3.3 Conflicting Provisions. In the event the terms and conditions set forth in this Amendment modify or conflict with the terms and conditions of the Option Agreement, the
terms and conditions of this Amendment shall control and govern the rights and obligations of
the undersigned parties. All other terms and conditions of the Option Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the
date(s) set forth below.
OWNER:
CITY OF CENTRAL POINT:
Date: , 2019 _________________________________ By: Christopher Clayton
Its: City Manager
OPTIONEE:
Date: , 2019 _________________________________ Forest Stroud
7.C.b
Packet Pg. 29 Attachment: Amendment to Option Agreement - Stroud (1185 : Resolution Approving Amended Option Agreement (362W34 Tax Lots 200 &
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: August 22, 2019
SUBJECT: First Reading of 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
ACTION REQUIRED:
Motion
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: To ensure transparency in public purchasing, the state law
requires all cities to establish, implement and follow standardized procurement rules. ORS
279A.065 gives cities three choices in their establishment of standardized procurement rules:
(1) follow the Model Rules adopted by the Oregon attorney general which the City has done in
the past; (2) prescribe their own rules; or (3) prescribe their own rules which include portions of
the Model Rules adopted by the Oregon attorney general.
If a city chooses to adopt its own rules, it is required to specifically state that the model rules
adopted by the Oregon attorney general are not applicable to the city and each time the
Oregon attorney general’s office modifies its Model Rules, the city is required to review the
modified rules to ensure its own locally created and adopted rules are still compliant with all
applicable state regulations.
The League’s Model Policy for Public Contracting and Purchasing, which is proposed for
adoption by the City Council, was prepared by the League in 2017. The city attorney was
asked to review the Attorney General’s Model Rules, currently adopted by the city, and
compare them with the League’s rules, and to make a recommendation on whether to adopt
the League’s rules. The Council was provided a legal opinion drafted by Garrett West, in which
he summarized the differences between the two model rules, and recommended that the city
adopt the league’s model rules, which is now being presented to council to consider.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS: See memo dated July 1, 2019 previously provided to Council.
7.D
Packet Pg. 30
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION: Move to approve the ordinance and forward to a second
reading.
RECOMMENDED MOTION: I move to approve the first reading of Ordinance No. ____ 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 and forward the ordinance
to a second reading.
ATTACHMENTS:
1. Memorandum on Public Contracting Rules
2. ORD Adopting LOC Public Contracting Rules
7.D
Packet Pg. 31
ATTORNEYS AT LAW
MEDFORD OFFICE
823 Alder Creek Drive
Medford, OR 97504-8900
541-772-1977
Fax 541-772-3443
ASHLAND OFFICE
320 East Main Street
Suite 209
Ashland, OR 97520-6801
541-482-8491
Fax 541-772-3443
office@medfordlaw.net
www.medfordlaw.net
Partners
Darrel R. Jarvis
Sydnee B. Dreyer
Erik J. Glatte*
Eric C. Larsen
Associates
Jacquelyn Bunick
Garrett West
*Also admitted in Idaho
Writer’s Direct E-mail:
gwest@medfordlaw.net
Writer’s Assistant:
Juleianna Schilter
July 1, 2019
Via Email Only
Chris Clayton
City Manager
City of Central Point
Chris.Clayton@centralpointoregon.gov
RE: Model Rules for Public Contracting
Dear Mr. Clayton,
Sydnee asked me to review model rules for public contracting in
anticipation of the City adopting a new set of rules. I analyzed both the model
rules created by the Oregon Attorney General and by the League of Oregon Cities.
Because of its readability and flexibility, I recommend that the City adopt the
League of Oregon Cities’ Model Policy for Public Contracting & Purchasing.
Currently, the City’s municipal code says that the City must use the
Attorney General’s model rules. CPMC 2.40.040. Those rules were first drafted
in 2004 and the League’s model rules were drafted in 2017. While the Attorney
General’s rules are highly technical and legalistic, the League’s model rules are
easy to read and understand. The Attorney General’s rules contain several sections
that do not apply to local government, they often only cite to the relevant state
code provision without explanation, and they are generally difficult to understand.
In contrast, the League’s model rules are clear and much easier to follow.
They are divided into ten parts: 1) introduction; 2) definitions; 3) authority of the
City Council and City Manager; 4) preference to local suppliers and recycled
materials; 5) procedure for public notice and contracting proposals; 6) source
selection for non-professional services; 7) personal service contracts; 8) special
source selection methods; 9) liquidating surplus property; and 10) a procedure for
protests and appeals.
The League’s model rules provide for the following contracting
procedures based on the value of the contract, good, or service needed:
Contract Size Value of Contract Procedure to Award Contract
Small $0 - $7,500 City Manager’s discretion
$7,500 - $10,000 Verbal or written solicitations
Intermediate $10,000 - $150,000 Informal written solicitation
Large > $150,000 Competitive sealed bidding/proposals
7.D.a
Packet Pg. 32 Attachment: Memorandum on Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting Rules)
Chris Clayton
July 1, 2019
Page 2
The League’s model rules make the City Council the local contract review
board with the power to authorize or amend all contracts. It also vests the City
Manager with the power to award contracts and make purchases of goods and
services that are less than $100,000 in value, as well as to delegate that authority
to certain other city officials.
The rules provide a lot of flexibility when entering into contracts. For
example, the City Manager may classify certain contracts as personal services,
such as those requiring specialized skills or knowledge. The City Manager has the
discretion to award a personal service contract to a specialized party or to request
that potential candidates explain their qualifications. The procedure for awarding
these types of contracts is like that above, although the City Manager is vested
with even more discretion on what procedure to follow. Only if a potential
contract is valued at $125,000 or more would the City be required to engage in a
formal competitive bid process.
The City Council has the power to create special processes or exempt from
competition specific contracts or types of contracts. The City Manager can award
contracts to parties who are the only existing source of a specific good or service
after making specific findings. The City Manager also has the discretion to award
specific classes of contracts in any manner he deems fit, such as copyrighted
materials, sponsorship agreements, renewing contracts, equipment repair,
utilities, etc. The City Manager also has the power to enter into emergency
contracts on behalf of the City.
The Attorney Generals rules have some similar provisions, but they are
less clearly written and would be much more cumbersome to implement.
Please let me know if you have any questions.
Yours truly,
JARVIS, DREYER, GLATTE & LARSEN, LLP
s/ Garrett West
GARRETT K. WEST
GKW:jas
Enclosure/Attachment: League of Oregon Cities Model Policy for Public
Contracting & Purchasing
7.D.a
Packet Pg. 33 Attachment: Memorandum on Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting Rules)
Ordinance No. _____; August 22, 2019 Page 1
ORDINANCE NO. _____
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.
7.D.b
Packet Pg. 34 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 2
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 Point public 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.
7.D.b
Packet Pg. 35 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 3
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;
7.D.b
Packet Pg. 36 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 4
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.
7.D.b
Packet Pg. 37 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 5
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.
7.D.b
Packet Pg. 38 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 6
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;
7.D.b
Packet Pg. 39 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 7
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.
OO. 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.
7.D.b
Packet Pg. 40 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 8
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. In accordance with ORS 279A.025, the city of Central Point’s public contracting
rules do not apply to the classes of contracts listed in that section. 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;
7.D.b
Packet Pg. 41 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 9
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
and exemptions from contracting methods for a specific contract or certain classes of
contracts;
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
of the requirement for the delivery of a performance or payment bond for construction of
a public improvement, other than in cases of emergencies;
D. Electronic Advertisement of Public Contracts. Authorize the use of electronic
advertisements for public contracts in lieu of publication in a newspaper of general
circulation;
E. Appeals of Debarment and Prequalification Decisions. Hear properly filed appeals of
the purchasing agent’s determination of debarment, or concerning prequalification;
7.D.b
Packet Pg. 42 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 10
F. Rulemaking. Adopt contracting rules under ORS 279A.065 and 279A.070 including,
without limitation, rules for the procurement, management, disposal and control of
goods, services, personal services and public improvements; and
G. Award. Award all contracts that exceed the authority of the purchasing agent.
2.40.040 Public contracts--Model rules.
The model rules adopted by the attorney general under ORS 279A.065 (Model Rules)
are adopted as the public contracting rules for the city of Central Point, to the extent that
the model rules do not conflict with the provisions of this chapter or any public
contracting rules adopted by resolution of the council. (Ord. 1963 §2, 2012; Ord. 1872
(part), 2006).
2.40.050 Public contracts--Authority of purchasing agent.
A. General Authority. The city manager shall be the purchasing agent for the city of
Central Point and is hereby authorized to issue all solicitations and to award all city of
Central Point contracts for which the contract price does not exceed one hundred fifty
thousand dollars. Subject to the provisions of this chapter, the purchasing agent may
adopt and amend all solicitation materials, contracts and forms required or permitted to
be adopted by contracting agencies under the Oregon Public Contracting Code or
otherwise convenient for the city of Central Point’s contracting needs. The purchasing
agent shall hear all solicitation and award protests.
B. Delegation of Purchasing Agent’s Authority. Any of the responsibilities or authorities
of the purchasing agent under this chapter may be delegated and subdelegated by
written directive.
C. Mandatory Review of Rules. Whenever the Oregon State Legislative Assembly
enacts laws that cause the attorney general to modify its model rules, the purchasing
agent shall review the public contracting rules, other than the model rules, and
recommend to the city council any modifications required to ensure compliance with
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.
7.D.b
Packet Pg. 43 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 11
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. Public Works director;
b. Finance director; 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:
i. Do not encourage favoritism or substantially diminish competition; and
7.D.b
Packet Pg. 44 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 12
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.
7.D.b
Packet Pg. 45 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 13
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
7.D.b
Packet Pg. 46 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 14
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
7.D.b
Packet Pg. 47 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 15
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 279B.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.
7.D.b
Packet Pg. 48 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 16
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
7.D.b
Packet Pg. 49 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 17
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;
7.D.b
Packet Pg. 50 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 18
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:
7.D.b
Packet Pg. 51 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 19
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;
l. 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;
7.D.b
Packet Pg. 52 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 20
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.
7.D.b
Packet Pg. 53 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 21
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.
7.D.b
Packet Pg. 54 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 22
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;
7.D.b
Packet Pg. 55 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 23
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.
7.D.b
Packet Pg. 56 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 24
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
7.D.b
Packet Pg. 57 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 25
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.
7.D.b
Packet Pg. 58 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 26
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 279B.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.
7.D.b
Packet Pg. 59 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 27
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:
7.D.b
Packet Pg. 60 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 28
a. Specify all legal or factual grounds for the protest as follows:
i. 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 279B.420.
E. Protests of Cooperative Procurements. Protests of the cooperative procurement process, contents of a solicitation document, or award may be filed
7.D.b
Packet Pg. 61 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
Ordinance No. _____; August 22, 2019 Page 29
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.
PASSED by the Council and signed by me in authentication of its passage this ____ day
of August 2019.
____________________________
Mayor Hank Williams
ATTEST:
________________________________
City Recorder
7.D.b
Packet Pg. 62 Attachment: ORD Adopting LOC Public Contracting Rules (1187 : Ordinance Adopting League of Oregon Cities Model Public Contracting
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: August 22, 2019
SUBJECT: 4th of July Fun Run Donation
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: Over the past few years, the City has donated the profits
from the 4th of July Fun Runs to the local youth groups who help make the event happen.
The profits for the Run4Freedom run was $2,441. Recreation staff is recommending that Crater
Football and Crater Cross Country receive $1,000 each as they each brought over 15
volunteers. Staff is suggesting rounding up to $500 for the Crater Cheerleaders as they helped
hand out water and medals to the run participants.
The volunteers are an essential part of the runs and would not be able to be completed safely
and efficiently without their assistance.
FINANCIAL ANALYSIS: The revenue was brought in as miscellaneous revenue and was
planned and budged for the donation.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: 2- Build City pride and positive image.
Strategies:
a) Create a brand and launch awareness campaign, articulate vision and mission, define
values;
b) Recognize the successes of Businesses, Citizens, and Government publicly;
c) Communicate and celebrate events, honor our past and take pride in the future;
d) Promote “healthy neighborhoods” by encouraging socioeconomic diversity. Design with
health and safety in mind (i.e., Crime Prevention through Environmental Design) when
making infrastructure improvements (including parks and schools);
e) Review current codes in use for development and improvement. Revise as necessary to
create “healthy neighborhoods.” Enforce codes in older established neighborhoods.
8.A
Packet Pg. 63
STAFF RECOMMENDATION: Approve the donation request.
RECOMMENDED MOTION: I move to approve the donations from the Run4Freedom in the
amounts of $1,000 each to Crater Cross Crounty and Crater Football and $500 to the Crater
Cheerleaders for the assistance during the 2019 events.
8.A
Packet Pg. 64
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: August 22, 2019
SUBJECT: Visitors Center Quarterly Report
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
ATTACHMENTS:
1. CP Chamber - Visitors Information Center 2019 2nd Quarter Report
8.B
Packet Pg. 65
Chris Clayton
City of Central Point
140 S 3rd Street
Central Point OR, 97502
August, 6th 2019
Re: 2nd quarter, Apr-Jun 2019 reporting VIC
This is the quarterly report for the Central Point Visitors Information Center for the period of April 1st, 2019 to
June 30th, 2019 in accordance with second VI, Accounting and Reporting; of the Visitors Center Agreement
section (c) and (f). The financial reporting requirements fulfilling section (b), attached.
Section (c) – program report
Attractions that the Chamber promoted for this time period included the various Chamber Mixers & Greeters
hosted at Holiday Inn Express, Pear Valley Retirement, the Chamber office and CraterWorks. We have seen an
increase in attendance to said meetings with an average of 25-30 in attendance. The Chamber teamed up with
the City to host the Made in Southern Oregon Event on Pine St in May.
Hundreds of community events were showcased by the VIC during this period including; events held at the
Jackson County Expo including the Jackson County Fair, Multiple Expo concerts, Livestock Auctions. We
promoted The OSU extension office workshops and classes offered on Hanley Rd., The Medford Railroad Park,
Free Public Run Day, and Kids Day at Crater Rock Museum. This was in addition to all the City of Central Point
activities such as Rec & Go Mobile Recreation Programs including new camps, City Wide Yard Sale, Made in
Southern Oregon the Grand re-opening of Pfaff Park and many Chamber member activities and promotions.
The VIC was active in the promotion of events at the Central Point Library including free kids activities,
promoting Spark Space and new relationship with the Business Librarian. The VIC heavily promoted the new
CraterWorks building and ongoing activities as well as many School District 6 updates and activities.
Section (f) – analytical contact information
For the same time period as above the Visitors Center saw 174 visitors in our physical location during the normal
hours of operation (9am-2pm) and NEW added hours of (11 am-2 pm) Saturdays, June-Sept, fielded 215 phone
calls and replied to 74 emails. This year we hosted a VIC booth at the Made in Southern Oregon event making
contact with the community members directly.
Our website has been slowly being worked on and improved to be more up-to-date and extensive information,
an ongoing project. We have extended the amount of materials available at the VIC and are working on
implementing a new display.
Thank you,
Steph Hendrickson
Executive Director, Central Point Chamber
8.B.a
Packet Pg. 66 Attachment: CP Chamber - Visitors Information Center 2019 2nd Quarter Report (1186 : Visitors Center Quarterly Report)