Chapter 2.10
PUBLIC CONTRACTING
Sections:
2.10.010 Contract review board.
2.10.020 Authority of city administrator/recorder.
* Prior legislation: Ord. 372.
2.10.010 Contract review board.
The city council of the city of Halsey is designated to continue as the local contract review board of the city and shall have all of the rights, powers and authority necessary to carry out the provisions of ORS Chapters 279A, 279B, and 279C (the “Public Contracting Code”). Except as otherwise provided, the city administrator/city recorder, or their designated purchasing agent, is designated as the city’s contracting agency for purposes of contracting powers and duties assigned to the city as a contracting agency under the Public Contracting Code. [Ord. 431 § 1, 2019.]
2.10.020 Authority of city administrator/recorder.
(1) General Authority.
(a) Solicitation Agent. The city administrator/recorder is designated as the solicitation agent for all city contracts and concession agreements. The solicitation agent may award contracts for which the contract price does not exceed $75,000, provided there is a current fiscal year budget authority with respect to the contract. For all other contracts the solicitation agent shall conduct the solicitation and make a recommendation to the council. The solicitation agent shall award all concessions agreements that can be awarded under an informal solicitation or by direct appointment, and shall have the authority to award all purchases of surplus property.
(b) Execution and Delivery. The city administrator/recorder has the authority to execute and deliver, on behalf of the city, all contracts that the city administrator/recorder has the power to award, and all amendments to such contracts. All other contracts and amendments shall be executed by the designee granted this authority by the city administrator/recorder or the council.
(c) Promulgation of Forms and Materials. Subject to the provisions of this chapter, the city administrator/recorder 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’s contracting needs.
(d) Protests. The city administrator/recorder shall hear all solicitation and award protests.
(2) Delegation of City Administrator/Recorder’s Authority. Any of the responsibilities or authorities of the city administrator/recorder under this chapter may be delegated by verbal or written directive.
(3) Purchasing from City Officials. The city administrator/recorder shall not make any purchase of goods and services from any city official, or any business with which a city employee is associated; except when the purchase is expressly authorized by the council; or during a state of emergency. In any situation in which the city administrator/recorder believes that a purchase would cause an appearance of impropriety, regardless of whether the purchase is prohibited by this or any other public contracting code provision, the city administrator/recorder may forward the proposed purchase to the council for approval.
(4) Mandatory Review of Rules. Whenever the Oregon State Legislative Assembly enacts laws that cause the Attorney General to modify its model rules, the city administrator/recorder shall review the city’s public contracting regulations and recommend to the contract review board any modifications required to ensure compliance with statutory changes. [Ord. 431 § 1, 2019.]
2.10.030 Interpretation.
It is the city’s intent that this chapter be interpreted to authorize the full use of all contracting powers and authorities described in ORS Chapters 279A, 279B, and 279C. In the event of a conflict between any provision of the State of Oregon Public Contracting Code and this chapter the provisions of the State of Oregon Public Contracting Code shall control. [Ord. 431 § 1, 2019.]
2.10.040 Rules.
The contract review board shall adopt rules to implement this chapter by resolution, as allowed by ORS 279A.065. [Ord. 431 § 1, 2019.]