Ord 1498COUNCIL BILL N0. 252
ORDINANCE N0. 1498
AN ORDINANCE ESTABLISHING THE COMMON COUNCIL OF THE CITY AS ITS CON-
TRACT REVIEW BOARD, PROVIDING ITS POWERS AND DUTIES, AND DECLARING AN
EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Contract Review Board. The Common Council of
the City of Woodburn, Oregon is hereby designated as the local Contract
Review Board and relative to contract concerns of this City shall have
all the powers granted to the State Public Contract Review Board.
Section 2. Definitions. The following words and phrases
shall mean:
~a) Public Contract. Any purchase, lease or sale by the City
of Woodburn of personal property, public improvements or services
other than agreements which are exclusively for personal service.
fib) Public Improvement. Any construction of improvements on
real property by or for the City of Woodburn.
~c) Board. The local contract review board as established in
Section 1 of this ordinance,
Section 3. Competitive Bids; exemptions.
(a) All contracts shall be based upon competitive bids except:
(1) Contracts made with, or the cost of which is provided
by, other public agencies or the Federal Government.
~2) Contracts for any purchase the amount of which is
less than $1,000.00.
~3) Contracts for any item which is available only through
one company, firm or individual.
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ORDINANCE N0. 1498
(4) Contracts for any purchase the amount of which is
at least $1,000.00 and less than $2,000.00, which contracts shall.
be subject to an informal bid procedure. An informal bid shall
be considered to be the procedure whereby the purchasing agent
of the city, ascertains by correspondence, telephone calls or
direct contact the various prices for the items involved, quoted
by a number of reliable firms that shall have said items for
sale. The purchasing agent shall cause to be kept all records
and evidence of such informal bids, and after obtaining the same,
the purchase may be made by the City Administrator or his
designated agent.
(b) The contract review board may by resolution exempt other
contracts from competitive bidding if it finds:
(1) The lack of bids will not result in favoritism or
substantially diminish competition in awarding the contract; and
(2) The exemption will result in substantial cost savings.
Section 4 , Emergenc~r_Contr~. ~. contract may also be
exempted from competitive bidding if the board, by unanimous vote,
determines that emergency conditions require prompt execution of the
contract. A determination of such an emergency shall be entered into
the record of the meeting at which the determination was made.
Section 5. Brand Name Specification in Contracts.
(a) Specifications for contracts shall not require any product
by any brand name or mark, nor the product of any particular manufacturer
or seller, unless the product is exempted from this requirement by the
board under this section. However, this section shall not be construed
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QRUINI~NCB N0. 1498
to prevent reference in the specification to a particular product as
a description of the type of item required.
(b) The board may by resolution exempt certain products or
classes of products upon any of the following findings:
(1) It is unlikely that such exemption will encourage
favoritism in the awarding of the contract or substantially diminish
competition,
{2~ The specification of a product by brand name or mark,
or the product of a particular manufacturer or seller, would
result in substantial cost savings.
{3) There is only one manufacturer or seller of the product
of the quality required,
{4) Efficient utilization of existing equipment or supplies
require the acquisition of compatible equipment, .s~ervi,,~es~~Qr supplies.
Section 6. Exemption Hearing. whenever the board is consider-
..
ing an exemption to the requirements for competitive bids or brand name
specification, it shall provide for notice to the public and an oppor-
tunity for a public hearing on whether the exemption should be allowed.
Section 7. Bid Rejection. The Common Council or an
official designated by the Common Council may reject any bid not in
compliance with all prescribed public bidding procedures and require
ments and may reject all bids if it is in the public interest to do so.
Section 8, Bidder Disqualification. The Common Council
or an official designated by the Common Council may disqualify any
person as a bidder on a contract if:
(a) The person does not have sufficient financial ability to
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ORDINANCE NO. 1498
perform the contract. Evidence that the person can acquire a surety
bond in the amount and type required shall be sufficient to establish
financial ability;
{b) The person does not have equipment available to perform the
contract;
{c} The person does not have personnel of sufficient experience
to gerform the contract; or
{d) The person has repeatedly breached contractual obligations
to public and private contracting agencies.
Section 9. A~ea1 of nis~ualification. A person who has
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been disqualified as a bidder may appeal such disqualification to the
board as provided in this section:
Ca) The person shall, within three business days after receipt
of notice of disqualification, in writing notify the City Administrator
that he wishes to appeal his disqualification.
{b} Immediately upon receipt of such written notice of appeal,
the City Administrator shall inform the board.
{c) Upon receipt of notice of appeal, the board shall notify
the person appealing of the time and place of the hearing.
{d) The board shall conduct the hearing according to the provisions
of ORS 279.045{3} and decide the appeal within l0 days after receiving
the notification and shall set forth in writing the reasons for its
decisions.
Section l0. Additional Authority of the Board. In addition
~ .~w~w~ ~ +ni~~ ~ r i~
to the powers and duties established by this ordinance, the board shall
have such additional powers as authorized by state law.
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QRnINANCE ~o. 1498
Section 11. Eme~ rgenc~ Clause. This ordinance being neces-
nary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist and this ordinance shall take
effect immediately upon passage by the Council and approval of the
Mayor.
Passed by the Council
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AP~ RO'B'ED : ': ~ ~ ~ ~ -~ r ~ ~.~.,,z.=~--,~.-
RA E. DICKERING' Mayor
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
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ATTEST ~ ~~ '~ r ~ _ ~~J,~~ .~..~..
A'.. ~ ARNEY BvRRIS , Recor er
City of G~oodburn, Oregon
December 22, 1975
December 22, 1975
December 22, I975
December 22, 1975
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ORDINANCE N0. 1498
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of Ordinance
No. 1498, one of which said copies posted in the City Hall on the
bulletin board opposite the entrance to the Recorder's Office, in
full view of the traveling public; a second one of said copies
posted on the Woodburn Public Library bulletin board at 280
Garfield Street, in full view of the traveling public; a third
one of said copies posted on the Paul Sowa and Sons building at
182 Young Street, in full view of the traveling public; that all
of said places are public places within the corporate limits of
the City of Woodburn and that all of said copies were posted on
the '~~ da of ~ ~ 1975 .
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BARNEY 0. BURRIS, RECORDER
City of Woodburn, Oregon