CITY OF ELGIN, OREGON RESOLUTION 1069 (1999)
A RESOLUTION ADOPTING PUBLIC CONTRACTING RULES
WHEREAS: The City of Elgin, as a public agency, is authorized by the State of
Oregon to enter into certain contracts to procure materials and services, and;
WHEREAS, The State of Oregon requires the City of Elgin to adopt rules of
procedure of public contracts to procure materials and services;
NOW THEREFORE BE IT RESOLVED, That the City of Elgin hereby adopts the
following rules:
Section 1.
The City of Elgin hereby establishes a Contract Review Board that is
made up of the Elgin City Council.
Section 2.
The City Council, as the Contract Review Board, can and shall exercise
all powers and authority granted by the State of Oregon as to the
City's authority to enter into public contracts for acquiring materials
and services.
Section 3.
From time to time the City Council as the Contract Review Board shall,
by resolution of the Council, adopt rules for the exercise of its
authority pertaining to entering into public contracts.
Section 4.
A. Meetings of the Contract Review Board
1) A quorum shall be a majority of the City Council.
2) The decisions of the Council as the Contract Review Board shall be
determined by a majority vote of the members present.
3) Business of the Contract Review Board may be conducted by the
City Council during any City Council meeting.
4) Duties and powers of the Board shall be as provided by the
enabling ordinances of the City and the applicable State statues.
5) In taking an action, the Board shall set forth its findings and
actions in a resolution of the City Council.
B. Disqualification of bids
The board may reject bids or disqualify bidders that are not in
compliance with all prescribed public bidding procedures, or in the
judgement of the board, are not in the public interest. Notice to the
bidder of disqualification may be sent by the United States Postal
Service, or delivered verbally to the bidder if he/she is present at a
Board meeting.
C. Appealing Disqualification
1) Within three days of being notified of disqualification, or within ten
days of the boards decision (if notification has been delayed in transit),
the bidder shall notify the City Recorder of the intent to appeal the
disqualification.
2) The City Recorder shall inform the Mayor of the appeal request,
within two working days.
3) Mayor will set a time and place for the Board to review the appeal
and the City Recorder shall immediately notify the bidder of the meeting
by personal telephone message or U.S. mail.
4) At the scheduled meeting, the Board shall review the disqualification
with the bidder. The hearing shall be subject to the Oregon open
meeting law. If matters are to be discussed that are protected from
public disclosure, those matters shall be discussed in an executive
discussion, unless the bidder requests information concerning
him/herself be disclosed.
D. Exempting bidding requirements
The board may exempt a procurement contract from the requirements of
public bidding as allowed by law. The board shall review any contract
that is to be exempted at a meeting of the City Council. Procurement
contracts that are less than the State of Oregon Statutory limit
requiring bidding are hereby presumed to be exempted unless otherwise
disposed of by the City Council.
PASSED AND ADOPTED this 14th day of December 1999;
With Councilors voting as follows: Ayes, Nays, Abstentions, Absent.
Signed; Attest;
Berta Churchill, Mayor Joe Garlitz,
Recorder/Administrator