HomeMy WebLinkAboutOrdinance 5658 09/21/1992
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CITY OF SPRINGFIELD, OREGON
ORDINANCE NO 5658
AN ORDINANCE AMENDING THE SPRINGFIELD CITY CODE, ARTICLE 1-14-1 THROUGH
1-14-11 PERTAINING TO PURCHASING
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLO~S:
SECTION 1: Article 1-14-1 through 1-14-11 of the Springfield City Code
pertaining to purchasing matters is amended by SECTION 2 of this ordinance.
The amendments are shown in "legislative format" wherein new matter is
enclosed in brackets []; and existing law to be omitted is stricken
through, -------.
SECTION 2: The remainder of this section presents the amendments to the
City Code in "legislative format."
SPRINGFIELD CITY CODE
1-14-1 Contract Review Board. Effective January 1, 1976, there is hereby
established a Contract Review Board for the City of Springfield. The
common council is hereby designated as the Contract Review Board of the
City, as to all contracts entered into by the City, subsequent t~ the
effective date specified. [The common council, acting as the Contract
Review Board, shall have sole authority to grant the exemptions from this
article as provided in 1-14-7(8) and (9) and in 1-14-10(2)(a) below.]
1-14-2 Public Contract Defined. "Public Contract" as used herein means
any purchase, lease or sale of personal property, public improvements or
services other than agreements which are for personal service.
1-14-3 Bids Required. All public contracts shall be based upon
competitive bids except as specified in this article.
[1-14-4 Purchasing Agent. In compliance with the charter of the City of
Springfield, the City Manager shall act as purchasing agent for the City.
The City Manager, or his/her designee, without further action or
authorization by the Common Council, shall have authority to make all
purchases of supplies, materials and services, to lease or sell City.
personal property, award all contracts for public improvements or services,
including personal service agreements, in compliance with the provisions of
this article for transactions of not more than $15,000.00. The City
Council shall by motion, provide additional authorization for awarding
competitive bids amounting to more than $15,000.00.]
1 1~ ~ [1-14-5] Government Contracts.
(1) Contracts made with, or the cost 'is provided by, other public
agencies or the Federal government are exempt from the requirements of
1-14-3.
Note: Matter in brackets, [] is new; matter stricken through,
existing law to be omitted.
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Attachment III
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(2) No employee, officer, or agent of the City shall participate
in the selection, award, or administration of a cotract supported by
Federal funds if a conflict of interest, real or apparent, would be
involved. Such a conflict of interest would arise when (a) the employee,
officer, or agent; (b) any member of his or her immediate family; (c) his
or her partner; or (d) an organization which employs, or is about to
employ, any of the foregoing has a financial or other interest in the firm
selected for award. The City's officers, employees, or agents shall
neither solicit nor accept gratuities, favors, or anything of monetary
value from contractors, or parties to subagreements.
[1-14-6 Piggybacking. Purchases made using the documented bid awards of
the State of Oregon Price Agreements or of other State of Oregon counties,
municipalities or special districts shall be exempt from the requirements
of 1-14-3.]
1 1~ 5 [1-14-7] Exemptions from Bids. The Council finds that in the case
of, or classes of, contracts hereinafter set forth, which are hereby
declared to be exempt from the requirements of 1-14-3, dispensing with bids
will not encourage favoritism or substantially diminish competition for the
reason that the amounts involved do not warrant competitive bidding and the
cost of the competitive bidding process would be disproportionate to the
cost and amounts involved and would increase cost to the public without
corrresponding benefit. Favoritism likewise, will not be encouraged nor
competition diminished by the dispensing with bids in the circumstances
hereinafter set forth.
(1) It shall not be necessary for either formal or informal bids
to be called in connection with any purchase, the amount of which shall be
less than $1,000.00 [$2,500.00].
(2) For purchases, the cost of which exceeds $1,000.00 [$2,500.00]
but does not exceed $2,500.00 [$5,000.00,] the purchasing agent shall, by
telephone call or direct contact, obtain firm quotations of price from at
least three reliable firms that have the required items or services for
sale. The purchasing agent shall cause to be kept, records of such
quotations.
(3) Informal bids only shall be necessary for any purchase which
exceeds $2,500.00 [$5,000.00], but is less than $7,500.00 [$10,000.00]. An
informal bid is the procedure whereby the purchasing agent obtains, in
writing, quotations from at least three reliable firms that have the
required items for sale. The purchasing agent shall cause to be kept, all
records and evidence of such informal bids.
(4) Formal competitive bids, after due notice, are required on all
public contracts the cost of which exceeds $7,500.00 [$10,000.00] except as
specifically excepted herein.
(5) It shall not be necessary for either formal or informal bids
to be called in any case where the item(s) to be purchased is manufactured
or available only through one company, firm or individual. Products shall
not be specified nor be purchased by brand name or mark unless exempt under
(1) or (2) above, unless there is evidence regarding one source, or
substantial savings to the public would result, or efficient utilization of
existing supplies requires the acquisition of compatible equipment or
supplies.
Note: Matter in brackets, [] is new; matter stricken through, ------, is
existing law to be omitted.
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Attachment 111-2
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Page 3
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(6) It shall not be necessary for either formal or informal bids
to be called in pubic improvement contracts where a waiver has been signed
by 100% of the affected property owners and where the entire cost thereof
is to be paid by such owners. In such cases, a contract may be awarded
upon the property owners designating a contractor for such improvement.
(7) Public sales or auctions of surplus City property or unclaimed
property, administered pursuant to the applicable procedures set forth in
Article 6 of Chapter 1 of this Code.
(8) In any case where the contract review board specifically
determines that the public interest would best be served, favoritism is not
encouraged and competition undiminished thereby, and the specific reasons
for such determinations is made of record, then the calling of competitive
bids may be waived by the Contract Review Board.
(9) If emergency conditions require prompt execution of the
contract, competitive bidding may be dispensed with, in which case the same
may be declared by a ununimouc [majority] vote of the board, together with
the reasons for such declaration of an emergency.
[(10) In lieu of competitive bids, the City may use the Request for
Proposal (RFP) competitive process to purchase services and equipment. Use
of the Request for Proposal process is subject to the following
requirements.
(a) Contractual requirements are stated clearly in the
solicitation document.
(b) Evaluation criteria are clearly stated in the
solicitation document. Such criteria may include but
are not limited to cost, quality, service, firm
reputation, compatibility, product reliability,
operating efficiency and expansion potential.
(c) Complaint processes and remedies are clearly stated in
the solicitation document.
(d) The selection process shall not inhibit competition or
encourage favoritism.]
1 14 6 [1-14-8] Disqualification of Bidders. A bidder may be disqualified
on any public improvement project if the department of public works
determines that the bidder would be disqualified under the standards
provided in ORS 279.037.
1 1~ 7 [1-14-9] Prequalification of Prospective Bidders. Where bids are
to be called on any public improvement, the Department calling for the bids
may require prequalification of the prospective bidders for that project
prior to opening bids. If prequalification is required, no bid will be
accepted from any prospective bidder unless more than seven (7) days prior
to any time specified for a bid opening, the bidder has prequalified for
bidding, on that particular contract, by filing with the Department of
Public Yorks a prequalification statement on forms prescribed by the
Department of Public Yorks. A copy of the prescribed forms shall be kept
on file with the Department of Public Works and at the office of the City
Recorder of the City of Springfield for the City Public Contract Review
Board.
Note: Matter in brackets, [] is new; matter stricken through,
existing law to be omitted.
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Attachment 111-3
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,ORDINANCE NO. 5658
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Prequalification by prospective bidders will be [in] accordance with the
following:
(1) Prequalification will be required when the Department calling
for the bids determines it is in the public interest to do so.
(2) If prequalification is required the public bidding documents
shall so specify.
(3) The Department may accept proof of prospective bidders
prequalification under ORS 279.047 in lieu of a prequalification statement.
(4) The Department shall notify any holder having filed a
prequalification statement if the prosepective bidder is qualified or not
and the contract or project that the prospective bidder is qualified to bid
on within five (5) days after receiving the application.
(5) If the Department disqualifies the prospective bidder the
notice of disqualification shall specify those subsections of ORS 279.037
with which the prospective bidder failed to comply. Unless the reasons are
specified, the bidder shall be deemed to have been prequalified in
accordance with the obligation.
(6) If the department subsequently discovers that a person
heretofor prequalified is no longer qualified, the Department may revoke
the prequalification upon reasonable notice to the prospective bidder,
provided however such revocation shall be invalid as to any contract for
which an advertisement for bids has already been made.
(7) Any person disqualified or for whom prequalification has been
revoked shall have the right to appeal with the City Council acting as the
public contract review board of the City of Springfield. The decision of
the Council shall be final.
1 14 g [1-14-10] Contracts for Personal Service.
(1) The following classes of contracts are designated as personal
service contracts and are not subject to requirements of competitive
bidding:
(a) architects, engineers and other professional services;
(b) financial consultants;
(c) administrative and management consultants;
(d) labor negotiators or consultants
(e) such other service contracts or classes of service
contracts as the City Council, acting as the board may,
by resolution, designate.
(2) No contract shall be awarded for personal services except upon
the administrative staff, at the direction of the City Manager, having
established screening procedures for selection and obtaining proposals
except in the following classes of cases:
(a) Emergency, in which case the emergency shall be declared
by the board in the same manner as provided in 1 14 5 (7)
[1-14-7 (9)].
(b) Contracts for a subsequent phase of a phased project or
activity if the contract is to be made with the person,
firm or organization who performed the immediately
preceding phase.
(c) Engineering services for public improvement projects.
(d) Direct employment agreements with regular or part-time
employees, including but not limited to collective
bargaining contracts.
Note: Matter in brackets, [] is new; matter stricken through, ------, is
~xisting law to be omitted.
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Attachment 111-4
_ORDINANCE NO. 5Q58
Page '5
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1 l~ 9 [1-14-11] Purchase or Sale of Real Property. Except for easements
and rights-of-way to be acquired in conjunction with public
improvements, the City Council shall have the sole authority to authorize,
by resolution, the purchase or sale of real property.
(Section 1-14-2 and 1-14-3 amended and Section 1-14-4 repealed by
Ordinance No. 2326, dated August 12, 1968; Sections 1-14-2 and 1-14-3
amended and section 1-14-5 renumbered to 1-14-4 by Ordinance No. 3074,
dated September 3, 1974; Chapter I, Article 14 repealed and a new Article
14 added by Ordinance No. 3254, dated September 15, 1975; Subsection 1-14-5
(4) added and subsection (4), (5) and (6) renumbered to subsections (5),
(6) and (7) by Ordinance No. 3325, dated March 15, 1976; Sections 1-14-6
and 1-14-7 added by Ordinance No. 3558, dated May 16, 1977; Section 1-14-2
amended and section 1-14-8 added by Ordinance No. 4302, dated October 15,
1979; Section 1-14-5 amended by Ordinance No. 4186, dated August 20, 1979;
Section 1-14-5 (6) repealed, section 1-14-5 (7), (8), and (9) renumbered to
(6), (7) and (8) by Ordinance NO. 4604, dated December 1, 1980; Section
1-14-4 amended by Ordinance No. 5248, dated May 7, 1984, Section 1-14-7
amended by Ordinance No. 5500, dated March 5, 1990.)
Adopted by the Common Council of the City of Springfield this 21st day of
Septem.ber ,1992 by a vote of 5 for and --1L- against.
Approved by the Mayor of the City of
Sep,t~!l1,b~1'h 1992.
SPringfie~ :&;:;A
Mayor
ATTEST:
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City Recorder
Note: Matter in brackets, [] is new; matter stricken through, ------, is
existing law to be omitted.
Attachment 111-5