2002-1293-Resolution Recorded 10/31/2002COUNTY OFFICIAL
MARY HSUESPENHOLLOW, COUNTYRCLERKS CJ 2002-iZ93
COMMISSIONERS' JOURNAL 10/31/Z001 03;47;41 PM
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20020012031
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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if document is re-recorded.
Do Not remove from original document.
RESOLUTION CREATING A PUBLIC CONTRACT REVIEW BOARD FOR
DESCHUTES PUBLIC LIBRARY DISTRICT
WHEREAS, Oregon Revised Statute (ORS) 279.055, allows a local public
agency to adopt a resolution creating its governing body as a local contract review board
for the public agency; and
WHEREAS, pursuant to ORS 279.049(4), as of October 23, 1999, the Attorney
General's Model Public Contracting Rules serve as the District's public contracting rules;
and
WHEREAS, ORS 279.049(5) permits a local contracting agency to opt out of all
or some of the Attorney General's Model Rules; and
WHEREAS, pursuant to ORS 279.011(5), the District Board makes the following
findings supporting the exemption of contracts under $75,000 from competitive bidding
requirements:
A. Operational, budget, and financial data: The formal competitive bidding
process costs between $5,000 to $7,000 to conduct and adds significant additional time
delays. The Board finds that applying the formal process to public contracts, including
public improvement contracts, that do not exceed $75,000 is not cost effective and can
discourage smaller companies from submitting formal bids, reducing competition;
B. Public benefits: Exempting contracts that do not exceed $75,000 will save,
public funds and enable greater competition;
C. Value engineering; Specialized expertise required; Technical expertise;
Funding sources: These considerations are irrelevant to this particular class exemption;
D. Public safety: Exempting contracts that do not exceed $75,000 will enable
the District to more quickly correct minor safety hazards; and
E. Market conditions: Increases in construction, materials, and service costs
require an increase in the threshold for competitive bidding; and
WHEREAS, the District Board additionally finds:
A. Any exemptions from competitive bidding requirements allowed under the
following rules will not encourage favoritism in the awarding of public contracts or
substantially diminish competition for public contracts because such exemptions still
require alternative contracting procedures which ensure: (1) reasonable competition; (2)
the best contract price for the public; and (3) a cost-effective process for contractors;
B. The awarding of public contracts pursuant to any such exemptions will
result in substantial cost savings to the public contracting agency because the District will
avoid costs associated with unnecessary documentation and procedures, where it is
unmerited by the relatively low cost of the project; and
C. Such exemptions have been adopted by the State of Oregon Department of
Administrative Services (DAS), pursuant to its authority to act as the public contract
review agency for the State of Oregon, and the Board relies on the DAS analysis and
findings.
NOW, THEREFORE, IT IS RESOLVED that the Board of Directors of
Deschutes Public Library District hereby creates itself as the local Public Contract
Review Board to act on all such matters on behalf of Deschutes Public Library District.
IT IS FURTHER RESOLVED that the above recitals are adopted as findings of
fact by the District.
IT IS FURTHER RESOLVED that the Board President is instructed to file a copy
of this Resolution with the Board of County Commissioners, Deschutes County, Oregon.
IT IS FURTHER RESOLVED that, in lieu of the Attorney General's Model
Public Contracting Rules and in accordance with ORS 279.049, and until modified by
this Board, the following rules, attached hereto and incorporated herein by this reference,
shall be the rules of operation for the Public Contract Review Board: C-1 to C-30, 137-
030-0000 to 137-030-0155, and 137-040-0000 to 137-040-0590. Such rules are attached
to this resolution and incorporated by this reference.
IT IS FURTHER RESOLVED that all exemptions to the rules, except for public
improvement contract exemptions, and new rules shall be adopted after a public hearing
of the Public Contract Review Board. The subject matter of the request for exemption or
new rule and hearing information, including date, time, and place of the hearing, shall be
published in a newspaper of general circulation not less than three (3) nor more than
fifteen (15) days prior to the date of the public hearing. Additionally, a notice of the
hearing shall be posted on the main entry door of the building where the meeting will be
held not later than three (3) days prior to the date of the meeting. Public improvement
contract exemption procedures, including notice and public hearing requirements, shall
be in accordance with ORS 279.015(3).
IT IS FURTHER RESOLVED that, except as otherwise prescribed by ORS
279.057(9), pursuant to ORS 279.051, procedures for the screening and selection of
persons to perform personal services shall be determined by the Public Contract Review
Board each time the District requires such services, in order to meet the District's
particular contracting needs.
IT IS FURTHER RESOLVED that, pursuant to ORS 279.057(9), whenever the
District is selecting engineers, architects, or land surveyors for a project funded by a grant
or loan from the State or moneys from the State Highway Fund under ORS 366.525 or
366.800, and:
1) The total amount of any grants, loans or monies from the State Highway fund and
from the State for the project exceeds 35% of the value of the project; and
2) The value of the project exceeds $400,000,
then the applicable provisions of the Attorney General's Model Rules, Chapter 137,
Division 35 of the Oregon Administrative Rules, will govern that selection process.
IT IS FURTHER RESOLVED that any and all resolutions or rules previously
adopted by the District and inconsistent with this resolution are hereby repealed.
DATED this 16th day of October, 2002.
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George Ris , President
ATTEST:
f
Michael K. Gaston, Director
ACKNOWLEDGEMENT
The Deschutes County Board of Commissioners does hereby acknowledge the
Deschutes Public Library District's Decision to Create Its Own Public Contract
Review Board.
DATED this 30th Day of October 2002 by the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Tom DeWolf, Chair
D anis R. Luke, Commissioner
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ichael M. Daly, ommissioner