All public contracts shall be based upon competitive bids except
as expressly provided by State law, this chapter, or the rules adopted
by the Local Contract Review Board.
(Ord. 1771 § 2, 1994)
As used in this chapter, unless the context requires otherwise:
means the City of Milwaukie Local Contract Review Board.
means a contract for services performed by an independent
contractor in a professional capacity.
means any purchase, lease, or sale by the City of personal
property, public improvements, or services other than agreements which
are for personal services.
means projects for construction, reconstruction, or major
renovation on real property by or for the City. Public improvements
does not include emergency work, minor alteration, ordinary repair,
or maintenance necessary in order to preserve a public improvement.
(Ord. 1771 § 2, 1994)
A.
The
City Council is designated as the Local Contract Review Board for
contractual matters relating to the City.
B.
The
Board shall have all of the powers granted by State law.
C.
The
Board shall adopt rules governing the awarding of public contracts.
(Ord. 1771 § 2, 1994)
A.
The
Mayor shall act as the chairperson of the Board. The president of
the Council shall act as the vice-chairperson.
B.
The
chairperson shall preside over the meetings, and in the absence of
the chairperson or in the event a vacancy occurs, the line of succession
shall be the same as the line of succession which applies to the Council.
C.
Meetings
of the Board may be scheduled at any time, including before, after,
or during a regularly scheduled City Council meeting.
D.
Meetings
shall be called in the same manner as a City Council meeting.
E.
Notice
of the meeting shall be given as provided by State law.
F.
The
meeting agenda shall be prepared by the City Manager or designee.
G.
Quorum
requirements for the Board shall be the same as those established
for City Council.
H.
The
City Manager or designee shall be present at all meetings of the Board
and shall provide for the recordation of all meetings and shall maintain
minutes of all meetings as required by law.
I.
The
Finance Director or designee shall maintain the records and prepare
findings and reports as required by the Board and the rules adopted
by the Board.
(Ord. 1771 § 2, 1994)
The City Council shall approve all public contracts and personal services contracts except as otherwise provided in Section 3.05.060.
(Ord. 1771 § 2, 1994)
The City Manager may enter into a public contract or personal services contract which does not exceed $250,000 without specific Council approval, provided the obligation is part of an adopted budget, the rules of the Board are satisfied by written findings and a record is made of the transaction which shows compliance with the rules. The City Manager may sub-delegate authority to department heads and other City employees, subject to the same conditions as the delegation to the City Manager. This delegation of authority shall be subject to the limitations of Section 3.05.070.
(Ord. 1771 § 2, 1994; Ord. 1803 § 1, 1996; Ord. 2041 § 1, 2011; Ord. 2232 § 1, 2023)
The delegated authority to obligate the City shall be subject
to the following limitations when making a purchase:
A.
The
expenditure shall be for a single complete item or contract; and
B.
The
item or contract shall not be a component of a project except in the
case of a project which involves a personal services contract and
a public contract. In this situation, the personal services contract
portion shall be considered a single complete project and the public
contract portion shall be considered a single complete project.
(Ord. 1771 § 2, 1994)
A.
The
purchase of any supplies, materials, equipment, labor, or services,
including personal, professional, technical and expert services from
any City employee, or any business with which a City employee is associated
shall be subject to prior written approval by the City Manager and
approval shall be based upon findings that:
1.
The
purchase will be at the least cost to the City;
2.
The
purchase will result in the most efficient method to accomplish the
City's purpose;
3.
The
purchase could not lead to any alleged violations of the personnel
rules;
4.
The
approval of the purchase could not lead to an adverse employer/employee
relationship should the contract be unsatisfactorily performed; and
5.
All
rules adopted by the Board have been satisfied.
B.
For
purposes of this section "any business with which a City employee
is associated" means any business of which the employee is a director,
officer, owner, or employee, or any business association in which
the employee owns or has owned more than 10% of the business within
the preceding calendar year.
(Ord. 1771 § 2, 1994)
The Milwaukie City Council directs the City Recorder to file
a copy of the ordinance codified in this chapter with the Clackamas
County Board of Commissioners pursuant to ORS 279.055.
(Ord. 1771 § 2, 1994)
