3.36.040 Authority.
(1) City Council as Local Contract Review Board.
(a) Pursuant to ORS 279.055, the city council is designated as the local contract review board for the city. The city council shall exercise all the powers and duties conferred upon it by state law, except to the extent that such powers and duties have been delegated by these rules, or by a separate ordinance, to others.
(b) The procedural rules of the city council sitting as the local contract review board shall be the same as those regulating the city council as provided in the “Rules of the City Council of North Bend” adopted pursuant to Resolution No. 2923 on January 9, 2001.
(c) The Attorney General’s Model Public Contracting Rules only apply to the city’s procurement of goods, services, and certain construction services where they are specifically referenced. Similarly, the Attorney General’s Model Public Contracting Rules for construction only apply where they are specifically referenced. Other than those specific references, the Attorney General’s Model Public Contracting Rules do not apply. It is the intent of these rules to permit the city to act to the full extent permitted by state law. To the extent that the rules adopted in this chapter appear to give the city less authority than state law, the state law shall prevail and the city may act to the full extent permitted by state law.
(2) Authority of Contracting Agency – City Administrator.
(a) For contracts covered by this chapter, and for revenue-producing contracts, the city administrator or designee is authorized to:
(i) Advertise for bids or proposals without specific authorization from the city council when the proposed purchase or contract is included within the current fiscal year budget;
(ii) Award and execute contracts for the purchase or lease of goods and services, and revenue-producing services, without specific authorization from the city council whenever the contract amount is $5,000 or less;
(iii) Recommend the award of a contract, including revenue-producing services, by report to the city council for contracts in excess of $5,000;
(iv) Authorize and execute contract amendments up to 25 percent of the original contract amount;
(v) Authorize final payment for a contract after confirming that all work is completed and accepted by the city, and the final contract amount is no more than 25 percent greater than the original contract amount;
(vi) Adopt forms, procedures, computer software, and administrative policies for all city procurements and contracts. The city shall use the forms, software, procedures and administrative rules unless they conflict with city ordinance;
(vii) Perform such other duties as directed by the ordinances of the city, the city council, or the state code;
(viii) Resolve protests of contract award decisions and other matters as required by city ordinance.
(b) The city administrator is responsible for and shall make all purchases and contracts in accordance with state law, the city charter, and this chapter.
(c) The city administrator may execute intergovernmental agreements for cooperative procurements only with specific authorization by the city council. (Ord. 1933 § 4, 2005)