Title 3 Revenue and Finance

3.25.050 Authority of purchasing manager.

A. General Authority. The city manager shall be the purchasing manager for the city and is authorized to issue all solicitations and to award all city contracts for which the contract price does not exceed $100,000 and the proposed expenditure is included in the current fiscal year budget. Subject to the provisions of this chapter, the purchasing manager 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. The purchasing manager shall hear all solicitation and award protests.

B. Solicitation Preferences. When possible, the purchasing manager shall use solicitation documents and evaluation criteria that:

1. Give preference to goods and services that have been manufactured or produced in the State of Oregon if price, fitness, availability, and quality are otherwise equal;

2. Give preference to goods that are certified to be made from recycled products when such goods are available, can be substituted for nonrecycled products without a loss in quality, and the cost of goods made from recycled products is not significantly more than the cost of goods made from nonrecycled products; and

3. Give any other preferences as set forth in the City of Newberg Purchasing Policy, applicable law, or both.

C. Delegation of Purchasing Manager’s Authority. Any of the responsibilities or authorities of the purchasing manager under this chapter may be delegated and subdelegated by written directive, including the City of Newberg Purchasing Policy.

D. Mandatory Review of Rules. Whenever the Oregon State Legislative Assembly enacts laws that cause the Attorney General to modify its Model Rules, the purchasing manager shall review the public contracting regulations, other than the Model Rules, and recommend to the city council any modifications required to ensure compliance with statutory changes.

E. Emergencies.

1. In General. When the city manager or the city manager’s duly appointed designee determines that immediate execution of a contract is necessary to prevent substantial damage or injury to persons or property, the city manager or designee may execute the contract without competitive selection and award or city council approval, but, where time permits, the city manager shall attempt to use competitive price and quality evaluation before selecting an emergency contractor.

2. Reporting. Any official who enters into an emergency contract shall, as soon as possible, in light of the emergency circumstances:

a. Document the nature of the emergency, the method used for selection of the particular contractor, and the reason why the selection method was deemed in the best interest of the city and the public; and

b. Notify the city council of the facts and circumstances surrounding the emergency execution of the contract.

3. Emergency Public Improvement Contracts. A public improvement contract may only be awarded under emergency circumstances if the city council has made a written declaration of emergency. Any public improvement contract award under emergency conditions must be awarded within 60 days following the declaration of an emergency unless the city council grants an extension of the emergency period. Where the time delay needed to obtain a payment or performance bond for the contract could result in injury or substantial property damage, the city council may waive the requirement for all or a portion of required performance and payment bonds. [Ord. 2894 § 2 (Exh. A), 2-7-22; Ord. 2856 § 1, 2-18-20; Ord. 2733 Att. A, 2-7-11; Ord. 2618, 3-7-05; Ord. 1730, 5-6-74. Code 2001 §§ 31.21, 34.05.]

Will Worthey, 2024-08-15T14:31:45
A change here.