The City Commission of the City of Warrenton is hereby designated
as the Local Contract Review Board and relative to contract concerns
of the City shall have all the powers granted to the State Public
Contract Review Board.
(Ord. 618-A § 1, 1976)
The following words and phrases shall mean:
means the Local Contract Review Board as established in Section 2.16.010 of this chapter.
means any purchase, lease or sale by the City of Warrenton
of personal property, public improvements or services, other than
agreements which are exclusively for personal service.
means any construction of improvements on real property by
or for the City of Warrenton.
(Ord. 618-A § 2, 1976)
A.
All
contracts shall be based upon competitive bids except:
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. In making such
finding, the Board may consider the type, cost, amount of the contract,
number of persons available to bid and such other factors as the Board
may deem appropriate.
(Ord. 618-A § 3, 1976)
A 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.
(Ord. 618-A § 4, 1976)
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 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 or supplies.
(Ord. 618-A § 5, 1976)
Whenever the Board is considering an exemption to the requirements
for competitive bids or brand name specification, it shall provide
for notice to the public and an opportunity for a public hearing on
whether the exemption should be allowed.
(Ord. 618-A § 6, 1976)
The Warrenton City Commission or an official designated by the
City Commission may reject any bid not in compliance with all prescribed
public bidding procedures and requirements and may reject all bids
if it is in the public interest to do so.
(Ord. 618-A § 7, 1976)
The Warrenton City Commission or an official designated by the
City Commission may disqualify any person as a bidder on a contract
if:
A.
The
person does not have sufficient financial ability to 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 perform
the contract; or
D.
The
person has repeatedly breached contractual obligations to public and
private contracting agencies.
(Ord. 618-A § 8, 1976)
A person who has been disqualified as a bidder may appeal such
disqualification to the Board as provided in this section.
A.
The
person shall, within three business days after receipt of notice of
disqualification, in writing notify the City Manager of the City of
Warrenton that he or she wishes to appeal the disqualification.
B.
Immediately
upon receipt of such written notice of appeal, the City Manager 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 10 days after receiving the
notification and shall set forth in writing the reasons for its decision.
(Ord. 618-A § 9, 1976)
In addition to the powers and duties established by this chapter,
the Board shall have such additional powers as authorized by state
law.
(Ord. 618-A § 10, 1976)
