ORDINANCE NO. 2044

An Ordinance Amending Title 2 (Administration and Personnel), Chapter 2.32 (Public Contracting), Section 2.32.030 (Public Contracts for Goods and Services), Section 2.32.040 (Public Improvement Contracts), and Section 2.32.060 (Personal Services Contracts) of the Hood River Municipal Code to Increase the Threshold Limits for Certain Public Contracts and the Procedures Required Therefore.

 The Hood River City Council adopts the following findings:
 WHEREAS, the City of Hood River is an Oregon home-rule charter municipal corporation with a City Charter that grants it all the powers and authority that the constitution, statutes and common law of the United States and this State expressly or impliedly grant or allow as though each such power was specifically enumerated; and

 WHEREAS, state law – specifically ORS Chapters 279A, 279B and 279C – govern public procurement and the award of public contracts for goods, services and personal services; and

 WHEREAS, the City of Hood River has implemented this authority and has adopted the statutory procurement procedures in Chapter 2.32 (Public Contracting) of the Hood River Municipal Code (HRMC); and
 WHEREAS, in the time since the City’s adoption of HRMC Chapter 2.32, state law has increased the dollar threshold limits for requiring certain procedures attendant to award of public contracts for goods, services and public services, in particular HRMC §2.32.030 (Public Contracts for Goods and Services), §2.32.040 (Public Improvement Contracts), and §2.32.060 (Personal Services Contracts); and
 WHEREAS, given the size and complexity of many city contracts, there is a need to up-date the City’s public procurement procedures to increase the dollar thresholds for certain types of procedures, consistent with what is allowed by ORS 279B.065 and 279B.070, which requires amendment of HRMC §2.32.030, §2.32.040 and §2.32.060; and
 WHEREAS, the City Council considered these changes to HRMC §2.32.030, §2.32.040 and §2.32.060, attached as Exhibit A to this Ordinance and incorporated herein by this reference, at its regular meeting on September 25, 2017.

 NOW THEREFORE, the City Council for the City of Hood River ordains as follows:

Section 1.  Incorporation of Recitals:  The foregoing recitals are adopted and incorporated herein by this reference and made a part hereof as findings in support of the regulations hereby adopted.

Section 2.  Amendment.  Title 2 (Administration and Personnel), Chapter 2.32 (Public Contracting), Section 2.32.030 (Public Contracts for Goods and Services) of the Hood River Municipal Code is hereby amended to read as follows:

2.32.030   Public Contracts for Goods and Services.  ....
A. The following classes of public contracts and respective award procedures are created:

1. Public Contracts Valued at Less than $10,000.  A public contract for an amount which is valued at less than Ten Thousand Dollars shall be awarded by the Contracting Agency based on informal quotes.  Amendments to public contracts under this section may not cause the contract price to exceed Eleven Thousand Dollars, unless the amendment(s) is for the purchase of additional goods or services for which the contract was awarded.

2. Public Contracts Valued at $10,000 or More But Less than $50,000.  A public contract for an amount which is valued at $10,000 Thousand Dollars or more, but less than Fifty Thousand Dollars, shall be awarded by the Contracting Agency based on formal quotes.  Amendments to public contracts under this section may not cause the contract price to exceed an amount that is twenty-five percent (25%) over the original contract price.

3. Public Contracts From $50,000.  A public contract for an amount which is valued at Fifty Thousand Dollars or more shall be awarded by the City Council based on competitive sealed bidding or competitive sealed proposals pursuant to the Public Contracting Code.

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C. Exemptions.  …

4. Contracts for products or supplies under $10,000.
Section 3.  Amendment.  Title 2 (Administration and Personnel), Chapter 2.32 (Public Contracting), Section 2.32.040 (Public Improvement Contracts) of the Hood River Municipal Code is hereby amended to read as follows:

2.32.040   Public Improvement Contracts.  …

B. Exemptions.  The requirements of subsection (A) and the procedures applicable to the award of those contracts do not apply to the following classes of public improvement contracts.

1. Public Improvement Contracts Valued at Less than $10,000.  Public improvement contracts valued at less than Ten Thousand Dollars shall be awarded by the Contracting Agency based on informal quotes.

2. Public Improvement Contracts Valued at $10,000 or More But Less than $50,000.  Public improvement contracts valued at Ten Thousand Dollars or more but less than Fifty Thousand Dollars shall be awarded by the Contracting Agency based on formal quotes.


Section 4.  Amendment.  Title 2 (Administration and Personnel), Chapter 2.32 (Public Contracting), Section 2.32.060 (Personal Services Contracts) of the Hood River Municipal Code is hereby amended to read as follows:

2.32.060 Personal Services Contracts.
A. The following procedures shall apply to the award of personal services contracts:

1. Personal Service Contracts for $10,000 to $50,000.  Personal services contracts involving an anticipated fee of Ten Thousand Dollars or more but less than Fifty Thousand Dollars per fiscal year shall be awarded by the Contracting Agency following solicitation of offers for personal services by written invitation or advertisement in sufficient number to provide a choice for the City from among qualified service providers.  The Contracting Agency shall determine the selection criteria to be included in the written invitation or advertisement and shall have authority to negotiate and enter into the contract.

2. Personal Service Contracts From $50,000.  Personal services contracts to which subsection (1) does not apply and having an anticipated fee of Fifty Thousand Dollars or more shall be awarded by the City Council following solicitation of offers based on the procedure and selection criteria adopted by the City Council before offers are solicited.

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E. Personal service contracts for engineering, land surveying, and architectural services are exempt form the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Engineer.  The City Engineer shall obtain City Council approval of any expenditure for a personal services contract for engineering, land surveying, and/or architecture services paid to a single provider that is expected to exceed $50,000 prior to entering into the contract.

Section 5.  Severability.  If any provision, paragraph, word, section, or article of this Ordinance or HRMC Chapters 17.01 or 17.03 are invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect.

 READ FOR THE FIRST TIME on February 12, 2018. 

 READ FOR THE SECOND TIME and adopted on February 12_, 2018.  This Ordinance shall take effect on the 31st day following the second reading.


__________________________
Paul Blackburn, Mayor


ATTEST:


     
Jennifer Gray, City Recorder APPROVED AS TO FORM:


     
Daniel Kearns, City Attorney