Binding City Policy
1. The City Council, acting as the Local Contract Review Board, enacted Ordinance No. 174509. That ordinance concerned the City's Purchasing Authority, policies and rules, and is now located in Chapter 5.33 of the City Code.
2. ORS 279A.065 requires the Attorney General to adopt model public contracting rules and to review them after each legislative session for possible modification. As a result the Attorney General is currently modifying some of its rules.
3. ORS 279A.065 also provides that public agencies that do not adopt their own rules are subject to those adopted by the Attorney General. In addition, public agencies are required to review their rules each time the Attorney General adopts a modification to the model rules to determine whether any modifications need to be adopted. The City has done so and at this time has decided that no modifications are necessary.
4. ORS 279A.065 could be construed to subject the City to the Attorney General's model rules if the City did not re-adopt its own purchasing rules. Therefore, Chapter 5.33 should be re-adopted to prevent any misunderstanding of what rules are applicable to City purchasing.
NOW, THEREFORE, the Council directs:
a. Chapter 5.33 and Ordinance Nos. 174509, 174904 and 175123 and the findings contained therein are hereby readopted in their entirety.
b. The readoption of Chapter 5.33 and Ordinance Nos. 174509, 174904 and 175123 are Binding City Policy.
Emergency Ordinance No. 176139, passed by City Council and effective December 19, 2001.