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HomeMy WebLinkAboutOrdinance 6181 07/17/2006 . . . ORDINANCE NO. 6181 (General) AN ORDINANCE AMENDING SECTIONS 2.703(1}, 2.706(1} AND (2), 2.708(4} AND 2.710(2} OF THE SPRINGFIELD MUNICIPAL CODE RELATING TO PROCEDURES FOR PUBLIC CONTRACTING AND ADOPTING, EXCEPT AS HEREIN SPECIFIED, STATE OF OREGON PUBLIC CONTRACT REQUIREMENTS AS SET FORTH IN ORS 279A, 279B AND 279C, "THE PUBLIC CONTRACTING CODE," AND THE MODEL RULES ADOPTED BY THE ATTORNEY GENERAL OF THE STATE OF OREGON AS SET FORTH IN APPLICABLE OREGON ADMINISTRATIVE RULES, DIVISION 46, GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING OAR 137-046-0100 ET SEQ., DIVISION 47, PUBLIC PROCUREMENTS FOR GOODS OR SERVICES, OAR 137-047-0100 ET SEQ., DIVISION 48, CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS, OAR 137-048-0100 ET SEQ., AND DIVISION 49, GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES, OAR 137-049-0100 ET SEQ., AND DECLARING AN EMERGENCY WHEREAS: The Oregon legislature has amended the following sections of the Public ' Contracting Code: 279A.065 and 279C.335; and WHEREAS: The Public Contracting Code requires the City of Springfield to designate a local Contract Review Board, and to adopt contracting rules in areas not covered by the Public Contracting Code or "Model Rules" adopted by the Attorney General of the State of Oregon as set forth in applicable Oregon Administrative Rules Division 46, General Provisions Related to Public Contracting OAR 137-046-0100 et seq., and specifically OAR 137-046-0000(1), Division 47, Public Procurements for Goods or Services, OAR 137-047-0100 et seq., Division 48, Consultant Selection: Architectural, Engineering, land Surveying and Related Services Contracts, OAR 137-048-0100 et seq., and Division 49, General Provisions Related to Public Contracts for Construction Services, OAR 137-049-0100 et seq, and WHEREAS: The City finds it necessary to amend its own public contracting ordinance to comply with both state law statutory and rule changes; and THE CITY OF SPRINGFIELD DOES ORDAIN AS FOllOWS: Section 1. There is hereby adopted and added to and made a part of the Springfield Municipal Code the following sections: "PUBLIC CONTRACTS 2.700 Authority. . (1) Except as provided herein the Model Rules adopted by the Attorney General under ORS 279A, 279B and 279C (the "Model Rules") do not apply. Contracting Ordinance Page 1 . (2) As expressly provided otherwise herein, or by subsequent Ordinance or Resolution, the Model Rules, Division 46, 47, 48 and 49, adopted by the Attorney General under ORS 279A, 279B and 279C as they now exist, and as they may be amended in the future, and in the Springfield Municipal Code, are hereby adopted as the City's Public Contracting Rules. Words and phrases used by these rules that are defined in ORS subchapters 279A, 279B and 279C and in the Model Rules have the same meaning as defined in ORS subchapters 279A, 279B and 279C and the Model Rules. In the event that rules adopted by the Local Contract Review Board do not address a particular situation, the Model Rules apply. . 2.701 Contract Review Board/Contracting Agency. The Common Council of the City of Springfield is designated and shall continue as the local Contract Review Board under the State of Oregon Public Contracting Code. The Contract Review Board may, from time to time, delegate its powers and responsibilities consistent with the Oregon Public Contracting Code, the Model Rules, or the Springfield Code. Except as may be specified in Springfield Municipal Code Sections 2.700 through 2.722 the City Manager, or his/her designee, and the Finance Director of the City of Springfield's Finance Department are designated as the city's "Contracting Agency" for purposes of contracting powers and duties assigned to the City of Springfield as a "Contracting Agency" under the State of Oregon Public Contracting Code or the Model Rules. Except as otherwise provided in these rules, the powers and duties of the local Contract Review Board, under the Public Contracting Code, shall be exercised and performed by the Common Council of the City of Springfield and all powers and duties given or assigned to Contracting Agencies by the Public Contracting Code shall be exercised or performed by the City Manager or his/her designee or the Finance Director. 2.702 Definitions. As used in this Chapter, the following words or phrases shall have the following meanings. All words and phrases not defined in this section shall have the meanings ascribed to them in the Public Contracting Code or the Model Rules adopted by the Oregon Attorney General thereunder ("Model Rules''): (1) Formal Quote: Procedure pursuant to which written offers are solicited by advertising or other writing stating the quantity and quality of goods or services to be acquired, and which offers are received by the Contracting Agency on or before a stated date. In soliciting formal quotes, the Contracting Agency shall seek quotes from a sufficiently large number of potential offerors to insure sufficient competition to meet the best interest of the City. An award based on less than three formal quotes may be made provided the Contracting Agency makes a written record of the effort to obtain quotes. . (2) Informal Quote: Procedure pursuant to which written or verbal offers are gathered by correspondence, telephone, email or personal contact stating the Contracting Ordinance Page 2 ORDINANCE NO. 6181 . quantity and quality of good or services to be acquired. In soliciting informal quotes, the Contracting Agency shall seek quotes from a sufficiently large number of potential offerors to insure sufficient competition to meet the best needs of the City. An award based on less than three quotes may be made, provided the Contracting Agency makes a written record of the effort to obtain quotes. (3) Personal Services Contract: A contract to retain the services of an independent contractor, including architel:;ts, engineers, land surveying and related services. The contract shall be predominantly for services requiring special training or certification, independent judgment, skill and experience. (4) Sole Source Procurement: A contract for goods or services, or a class of goods or services, available from only one source. (5) Work of Art: All forms of original creations of visual art, including but not limited to: (a) Painting: all media, including both portable and permanently affixed or integrated works such as murals; . (b) Sculpture: in the round, bas-relief, high relief, mobile, fountain, kinetic, electronic, etc., in any material or combination of materials; (c) Miscellaneous art: prints, clay, drawings, stained glass, mosaics, photography, fiber and textiles, wood, metal, plastics and other materials of combination of materials, calligraphy, and mixed media, any combination of forms of media, including collage. 2.703 Exempt Contracts. Except as may be modified by Springfield Municipal Code 2.700 through 2.722 the following classes of public contracts are hereby exempted from competitive procurement: . (1) Any contract exempted by the state of Oregon Public Contracting Code or Model Rules including, but not limited to, the following classes of contracts specifically exempted by the State of Oregon Public Contracting Code or Model Rules: ORS 279A.025, "Application of Public Contracting Code; ORS 279A.180, "Purchases Through Federal Programs;" ORS 279A.190, ORS 279C.335, "All Public Improvement Contracts under $5,000;" ORS 2798.065, "Goods and Services Contracts under $5,000;" ORS 279C.335, "Certain Contracts in Response to a Declared Emergency;" ORS 279C.335, "Energy Savings Performance Contracts," (an Energy Savings Performance Contract is defined as a public contract between a public agency and a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy Contracting Ordinance Page 3 ORDINANCE NO. 6181 . . . conservation measures, including a design-build contract that guarantees energy savings or performance); OAR 137-046-0130, "Transfers of Fire Protection Equipment Between Fire Department;" ORS 279A.200 et seq.~ "Cooperative Procurement;" and, ORS 279A.220; "Interstate Cooperative Procurements." (2) Contracts for goods or services, or a class of goods or services, which are available from only one source. To the extent reasonably practical, the contracting agent shall negotiate with the sole source to obtain contract terms advantageous to the city. The determination of a sole source must be based on written findings that may include: (a) That the efficient utilization of existing goods requires the acquisition of compatible goods or services; (b) That the goods or services required for the exchange of software or data with other public or private agencies are available from only one source; (c) That the goods or services are for use in a pilot or experimental project; (d) Other findings that support the conclusion that the goods or services are available from only one source; or, (e) Sole source contracts for goods or services, or classes of goods or services, which are available from only one source but do not exceed $35,000 must be approved by the Contracting Agent. Sole source contracts for goods or services, or classes of goods or services, which are available from only one source which exceed $35,000 must be approved by the Local Contract Review Board. (3) A special procurement provided that the Contracting Agency adheres to the requirements of ORS 279B.085. (4) A Development Agreement entered into between the City of Springfield and a person or entity responsible for carrying out conditions of approval of a land use decision of the City of Springfield. The term "Land Use Decision" has the meaning provided by ORS 197.015. (5) Notwithstanding any exemption to competitive bidding provided for in Oregon statute, in the event of an emergency involving an immediate hazard to the public health, safety, or welfare, the City Manager, Finance Director or Public Works Director may secure necessary goods and/or services without a formal competitive selection process provided that the local Contract Review Board at a regularly scheduled meeting within 30 days of the procurement is furnished with Contracting Ordinance Page 4 ORDINANCE NO. 6181 . . . a full report of the circumstances and costs of the materials and/or services secured, and the method used for the selection of the particular contractor. (6) Contracts for the purchase of copyrighted materials where there is only one supplier available within a reasonable purchase area for such goods. (7) Contracts for the purchase of advertising, including that intended for the purpose of giving public or legal notice. (8) Contracts for the purchase of services, equipment or supplies for maintenance, repair or conversion of existing equipment if required for efficient utilization of such equipment. (9) Contracts for the purpose of investment of public funds or the borrowing of funds. (10) Purchases of goods or services pursuant to a requirements contract which was established by a formal competitive selection process. Purchases may also be made at prices established by a requirement contract or other agreement between another public body and a contractor if the requirements contract was established by a formal competitive selection process. (11) Contracts for purchase or sale of services, materials or products traditionally provided by the City. (12) Contracts for the purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state or local regulating authority. (13) Any other contract (including brand name specification contracts) where the public interest would be promoted by exempting the contract from the competitive bidding process, provided that the Contract Review Board adheres to the Public Contracting Code and the Model Rules in making the exemption. 2.704 Contracting Authority and Responsibilities. Administrative staff and department have contracting authority and responsibilities as follows: (1)The City Manager (or designee) and Department Heads are authorized to: (a) Enter into city contracts not to exceed $35,000 without additional authorization of the Contract Review Board. Contracting Ordinance Page 5 ORDINANCE NO. 6181 . . . (b) Recommend that the Contract Review Board approve or disapprove contract awards in excess of the amount specified in Springfield Municipal Code 2.706(2) and (3). (c) Consistent with the Springfield Municipal Code 2.700 through 2.722, adopt forms, computer software, procedures, and administrative policies for all city purchases. (2) Purchases of goods from city employees shall require authorization of the City Manager or designee. Provision of services by city personnel shall be in accordance with the City of Springfield Personnel Policies, and other applicable law. (3) All contracting by Departments shall be according to approved city purchasing procedures adopted by the Contracting Agency or the Contract Review Board. (4) Each department shall operate within its budget, or seek supplemental budgetary authority from City Council with respect to the contract. (5) Each Department shall plan purchase requirements sufficiently in advance so that orders can be placed in economical quantities. . (6) Purchases and contracts shall be negotiated on the most favorable terms in accordance with Springfield Municipal Code 2.700 through 2.722, other adopted ordinances, state laws, policies and procedures. (7) The City Manager, his/her Designee or Finance Director is authorized to perform all acts necessary to implement this Public Contracts Ordinance, including specifically the terms and conditions set forth herein. (8) The Contract Review Board or the Contracting Agency may reject all offers, proposals and all bids in accordance with OAR 137-047-0650. (9) The Contract Review Board or the Contracting Agency may cancel a procurement solicitation in accordance with OAR 137-047-0660. 2.706 Public Contracts for Goods and Services. This section applies to publiC contracts that are not contracts for personal services (Springfield Municipal Code 2.708) or contracts for public improvements (Springfield Municipal Code 2.710). A public contract shall not be artificially divided or fragmented to qualify for a different award procedure than that provided by this section. (1) Except as may be permitted by Sections 2.700 through 2.722, all public contracts for goodS and services shall be awarded by the Council based on Contracting Ordinance Page 6 ORDINANCE NO. 6181 . competitive sealed bids or competitive sealed proposals pursuant to the Public Contracting Code. (2) The following classes of public contracts for Goods and Services and respective award procedures are created: (a) Public Contracts Valued at not exceeding $5,000. Notwithstanding any exception to competitive bidding provided for by Oregon statute, a public contract for an amount which is valued at $5,000 or less shall be awarded by the Contracting Agency based on Informal Quotes. (b) Public Contracts Valued in excess of $5,000 but not exceeding $35,000. A public contract for an amount which is valued in excess of $5,000 but not exceeding $35,000 shall be awarded by the Contracting Agency based on formal quotes. . (c) Public Contracts in excess of $35,000. A public contract for an amount which is valued in excess of $35,000 shall be awarded by the City Council based on Competitive Sealed Bidding (ORS 279B.055) or Competitive Sealed Proposals (ORS 279B.060) pursuant to the Public Contracting Code. (3) Amendments to the contracts must fall within the scope of the original contract or solicitation or proposal. Contract amendments must be in writing. Amendments to Public Contracts valued at $5,000 or less may not cause the contract price to increase in excess of 50%. Amendments for Public Contracts for Goods and Services valued at in excess of $5,000 but not exceeding $35,000 may not cause the contract price to exceed an amount that is greater than 30% of the original contract price. Amendments for Public Contracts for Goods and Services valued at in excess of $35,000 may not cause the contract price to exceed an amount that is greater than 30% of the original contract price. Amendments shall not be used to circumvent rules establishing approvals at certain monetary levels. (4) Amendments to contracts exceeding the limits in subsection (3) above may occur if the City Council determines that it is not reasonably feasible to require additional competitive procurement to complete the purpose of the contract; otherwise the Council shall direct additional competitive procurement and the competitive procurement procedure required for the amendment. 2.708 Personal Services Contracts. . Contracting Ordinance Page 7 ORDINANCE NO. 6181 . (1) Except as may be permitted by Section 2.700 through 2.722, all personal services contracts shall be awarded by the Council based on competitive sealed bids or competitive sealed proposals pursuant to the Public Contracting Code. (2) The following procedures shall apply to the award of personal services contracts: (a) Personal Services Contracts will be used to retain the services of Independent Contractors. A personal services contract shall not be artificially divided or fragmented to qualify for a different award procedure than that provided by this section. Nothing in this section shall apply to the employment of regular City employees. (b) Personal Service Contracts valued at not exceeding $5,000. A Public Contract for an amount which is valued at $5,000 or less shall be awarded by the Contracting Agency based on Informal Quotes. . (c) Personal Service Contracts valued at in excess of $5,000 but not exceeding $35,000. Personal services contracts involving an anticipated fee valued at in excess of $5,000 but not exceeding $35,000 per fiscal year shall be awarded by the Contracting Agency following solicitation of offers for personal services by written invitation or advertisement in sufficient number to provide a choice for the City from among qualified service providers. The Contracting Agency shall determine the selection criteria to be included in the written invitation or advertisement and shall have authority to negotiate and enter into the contract. (d) Personal Service Contracts having an anticipated fee valued at in excess of $35,000 shall be awarded by the City Council based on competitive sealed bids or competitive sealed proposals pursuant to the City's Public Contracting Rules and any other selection criteria which may be required by the Contracting Agency or the City Council before offers are solicited. . (e) The following contracts or classes of contracts for personal services shall not be subject to the provisions of Section 2.708 or the Model Rules unless provided in this Section 2.708(2)(e): Accountants, Appraisers, Architects, Artists for the Creation of a Work of Art, Computer Programmers, Communications Consultants, Consultants, Data Processing Consultants, Engineers, Investment Insurance Consultants, Lawyers, Psychologists, Management Systems Consultants, Marketing Consultants, Public Relations Consultants, Surveyors, Training Consultants and any other personal service contracts entered into for positions which may be considered as City Counsel/Public Officer type positions including but not limited to City Prosecutor, City Attorney, City Bond Counsel, City Benefits Consultant, Financial Advisor, Temporary Management Consultants or Contracting Ordinance Page 8 ORDINANCE NO. 6181 . similar City Counselor Public Official type positions; and, Provided Further, nothing herein shall be construed as prohibiting the Contract Review Board or Contracting Agency from determining to require that a particular contract for personal services though listed in this Section 2.708(e) shall be subject to other provisions of Section 2.708.,,- Nevertheless, the requirements of Section 2.708(3), (5), (6), (7), (8), (9) and (10) shall apply, and all such contracts having an anticipated fee exceeding $35,000 shall be awarded by the City Council. (3) The following criteria shall be considered in the evaluation and selection of a personal services contractor. This section does not preclude the use of other additional criteria: . (a) Total cost to the agency for delivery of services. (b) Expertise of the contractor in the required area of specialty. (c) References from completed projects managed by the contractor. (d) Capacity and capability to perform the work, including any specialized services within the time limitations for the work. (e) Educational and professional record, including past record of performance on contracts, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability in these schedules and contract administration, where applicable. (f) Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designer techniques peculiar to it, where applicable. (g) Utilization of locally procured goods, services, or personnel. (h) Other services provided by the contractor not specifically listed in the Request for Proposal. (i) Timeliness of delivery of services. G) Other criteria specially listed in the solicitation document on a case by case basis. . (4) Direct contracts for services of architects, engineers, and land surveyors. The Contract Review Board or the Contracting Agency may enter into an architectural, engineering or land surveying services contract directly with a consultant if the project described in the contract consists of work that has been substantially described, planned or otherwise previously studied or rendered in an earlier contract with a consultant that was awarded under a personal services contract as set forth in this Section 2.708 and the new contract is a continuation of that project. When entering into a contract under this section, the local contracting agency shall consider the criteria set forth in Springfield Municipal Code 2.708 (3)(a)(b)(d)(e)(f)&(i) and in the criteria set forth in ORS 279C.110. Contracting Ordinance Page 9 ordinance no. 6181 . . . (5) Unless otherwise approved by the City Manager, or designee, all personal services contracts shall require the following provisions: (a) The contractor to defend, indemnify and hold harmless the City, its officers, agents and employees against and from any and all claims for damages of any kind arising out of or connected in any way with the contractor's performance there under and shall include a waiver of contractor's right to ORS 30.285 and ORS 30.287, Indemnification and Defense. (b) A provision requiring the Independent Contractor to obtain and maintain liability insurance coverage in at least the amount of the City's Tort Liability Limits, name the City as an additional named insured during the life of the contract and where appropriate additional insurance provisions including but not limited to errors and omissions coverage. (c) Provisions requiring the contractor to maintain all contract provisions mandated by State Law and the Springfield Municipal Code which may be incorporated in the personal service contract by reference to State Law. (6). The selection procedures described in this section may be waived by the City Manager, at his or her discretion where an emergency exists that could not have been reasonably foreseen and requires such prompt execution of a contract to remedy the situation that there is not sufficient time to permit utilization of the selection procedures. (7) The City Manager, or designee, the Contracting Agency and the Department Heads are delegated the authority to sign all personal service contracts. (8) Nothing contained in this section shall preclude the city from complying with provisions of Federal or State law that require the city to utilize a different selection or contracting procedure. (9) Amendments to Personal Services Contracts shall comply with the Public Contracting Code Section 2.706(3) or (4). (10) Personal service contract proposals may be modified or withdrawn at any time prior to the conclusion of discussions with an offeror. 2.710 Public Improvement Contracts. A public improvement contract is defined pursuant to the Public Contracting Code and does not include contracts for minor alterations, ordinary repair and maintenance of public improvements, contracts for projects for which no funds of the City are directly or indirectly used except Contracting Ordinance Page 10 ORDINANCE NO. 6181 . for participation that is incidental or related primarily to project design or inspection, and does not include any other construction contract that is not defined as a public improvement under the Public Contracting Code. A public improvement contract shall not be artificially divided or fragmented to qualify for a different award procedure than that provided by this section. (1) Except as may be permitted by Sections 2.700 through 2.722, all public improvement contracts shall be awarded by the Council based on competitive sealed bids or competitive proposals pursuant to the Public Contracting Code. (2) Exemptions. The requirements of subsection (1) do not apply to the following classes of public improvement contracts. (a) Public Improvement Contracts Valued at not exceeding $5,000. Notwithstanding any exemption from competitive bidding provided for by Oregon statute, public improvement contracts valued at $5,000 or less shall be awarded by the Contracting Agency based on Informal Quotes. (b) Public Improvement Contracts Valued in excess of $5,000 but not exceeding $35,000. Public improvement contracts valued at in excess of $5,000 but not exceeding $35,000 shall be awarded by the Contracting . Agency based on formal quotes. (c) Notwithstanding any exemption from competitive bidding provided for by Oregon statute, emergency public improvement contracts may be exempted from competitive bidding if the Contracting Agency determines that an emergency exists and that conditions require the prompt execution of a contract. Emergency public improvement contracts shall be awarded in accordance with the Public Contracting Code. The Contracting Agency shall provide the Council with a written statement indicating the nature of the emergency and stating with particularity the emergency conditions and why they pose an imminent threat to the public health, safety or welfare. The Contracting Agency shall not declare the same emergency more than two times in any 90 day period. (d) By resolution, the City Council may exempt from competitive bidding a public improvement contract or class of public improvement contracts not otherwise exempt under this section pursuant to ORS 279C.335. (3) A request for proposal shall comply with the provisions of ORS 279C.400. (4) If all responsive offers on a publiC improvement contract exceed the budget for . the project, the Contracting Agency may, prior to contract award, negotiate for a price within the budget under the following procedures: Contracting Ordinance Page 11 ORDINANCE NO. 6181 . . . (a) Negotiations shall start with the lowest responsive, responsible offeror. If negotiations are not successful, then the Contracting Agency may negotiate with the second lowest responsive, responsible offeror, and so on. (b) Negotiations may include value engineering and other options to attempt to bring the project cost within the budgeted amount. (c) A contract may not be awarded under this section if the scope of the project is significantly changed from the description in the original solicitation documents. (d) The records of an offeror used in contract negotiations under this section are not subject to public inspection until after the negotiated contract has been awarded or the negotiation process has been terminated. (5) The Contract Review Board or the Contracting Agency may reject all offers, proposals and all bids. (6) Amendments to public improvement contracts shall comply with the Public Contracting Code, Section 2.706(3) or (4). (7) The performance and payment bonds requirements and exceptions of the Public Contracting Code shall apply to all public improvement contracts. 2.712 Electronic Publication. Notice of requests for proposals and requests for bids may be published electronically in lieu or in addition to other publication or notice where the Contracting Agency finds that such publication is likely to be cost effective. 2.714 Disposition of Surplus Property. The Contracting Agency shall have the authority to dispose of surplus property by any means determined to be in the best interest of the City with due regard for the value the City will receive from the disposal of the surplus property including but not limited to: (a) Sold to the highest qualified buyer meeting the sale terms and the sale has been advertised at least once in a newspaper of general circulation in the Springfield area not less than one week prior to the sale; (b) Traded in on the purchase of replacement equipment or supplies; (c) Sold at public auction advertised at least once in a newspaper of general circulation in the City of Springfield not less than one week Contracting Ordinance Page 12 ORDINANCE NO. 6181 . . . prior to the auction. The published notice shall specify the time, place and terms upon which the personal property shall be offered and a general description of the personal property to be sold; (d) Sold at a fixed price retail sale. ( e) Contracted for use, operation or maintenance by one or more private or public entities. Prior to approval of such a contract, the City Manager shall determine that the contract will promote the economic development of the City. (f) Recycle, destroy or otherwise dispose of the property when it is determined that the value and the condition of the property does not warrant the cost of sale. (g) All personal property sold pursuant to this section shall be sold as- is without any warranty, either express or implied, of any kind. (h) Sales of surplus personal property may be conducted electronically. 2.718 Purchasing Policies. The Contracting Agency may adopt appropriate purchasing policies dealing with contracting and bidding, procedures, ethics, environmental considerations and the like, subject to review and modification by the Contract Review Board. " 2.722 Reserved for Expansion Section 2. Severability. If any phrase, clause, or other part or parts of this Article is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses and other part or parts shall remain in full force and effect. Section 3. Matters affecting the procedures for publiC contracting are matters which . require implementation and an effective date prior to March 1, 2005 in order to implement HB 2341 (2003 Oregon Laws Chapter 794, the "Public Contracting Code") requires implementation by March 1, 2005. This Ordinance shall take effect immediately upon it~ passage and approval by the Mayor. Adopted by the Common Council of the City of Springfield this 17tlday of 2006 by a vote of 5 in favor 0 against. (1 Absent - Fitch) ATTEST: ~ kw-#-.- City Recorder N:\City\Contracts\Public Contracting\Ordinance 2006.DOC , , 2006. Approved by the Mayor of the City of Springfiel Contracting Ordinance Page 13 6181