2007-80-Ordinance No. 2007-002 Recorded 2/2/2007RE3FED--
LEGAL OUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK + y
COMMISSIONERS' JOURNAL MZJAZ/ZQni 04'39'44 PM
2007-80
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapters 2.36, Local
Contract Review Board, and 4.12, Service Fee * ORDINANCE NO. 2007-002
Adjustments, of the Deschutes County Code and
Declaring an Emergency
WHEREAS, the Board of County Commissioners has determined it is necessary to amend Deschutes
County Code Chapters 2.36, Local Contract Review Board, and 4.12, Service Fee Adjustments, to change the
terms "Director of Administrative Services," and "Administrative Services Director," and to "County
Administrator"; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 2.36, Local Contract Review Board, is
amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in 6# ikethmug#.
Section 2. AMENDMENT. Deschutes County Code Chapter 4.12, Service Fee Adjustments, is
amended to read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in °tF mugh
Section 3. EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage.
DATED this day of , 2007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAGE 1 OF 2- ORDINANCE No. 2007-002 (1/24/07)
Date of I" Reading: Zeday of O,4,1, , 2007.
Date of 2"d Reading:;e-day of 041- , 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Michael M. Daly v
Tammy Baney ✓
dti,
Effective Date: day of , 2007
ATTEST:
C~
Recording Secretary
PAGE 2 of 2- ORDINANCE No. 2007-002 (1/24/07)
EXHIBIT A
Chapter 2.36. LOCAL CONTRACT
REVIEW BOARD
2.36.010.
Purpose-Statutory authority.
2.36.020.
Creation and functions of board.
2.36.030.
Model public contract rules.
2.36.040.
Exemptions from competitive
bidding.
2.36.050.
Delegation.
1. Emergency contracts.
2. Contracts $10,000 or over, but under
$75,000, where competitive written
quotes were obtained.
3. Contracts $5,000 or over, but under
$10,000, where competitive written
quotes were obtained or where it was not
feasible to obtain competitive quotes
under the circumstances.
4. Contracts under $5,000 need not be
awarded competitively.
2.36.010. Purpose-Statutory authority.
The purpose of DCC 2.36 is to authorize the
Board to perform the duties of a local contract
review board in lieu of permitting the Public
Contract Review Board to perform the functions
of reviewing public contracts as required by
Oregon Laws 1975, Chapter 771.
(Ord. 203-8 § 1, 1976)
2.36.020. Creation and functions of board.
The Board is designated a local contract review
board to perform the functions of the Public
Contract Review Board.
(Ord. 203-8 § 2, 1976)
2.36.030. Model public contract rules.
The Attorney General's Model Public Contract
Rules adopted pursuant to ORS 279.049, shall be
the rules of the local contract review board.
Procedures for personal services contracts
required by ORS 279.051 are set forth in DCC
4.06.
(Ord. 2003-018 § 1, 2003; Ord. 98-092 § 1, 1998;
Ord. 97-030 § 1, 1997)
2.36.040. Exemptions from competitive
.bidding.
In addition to the exemptions from competitive
bids or proposals set forth in ORS 279.015(1)(a)-
(h) and 279.015(2) contracts may be awarded as
follows:
A. Contracts, other than contracts for personal
services, may be awarded without
competitive bidding pursuant to DCC
2.36.030 for the following classes of
contracts:
B. Where a contract is awarded under DCC
2.36.040, the department head or elected
official awarding the contract shall document
in the records of the County the quotes
received, or if no quotes were received, the
reason why it was not feasible to obtain
quotes.
C. Except for emergency contracts, the
aggregate of all contracts awarded by the
County under DCC 2.36.040(A)(3) where it
was not feasible to obtain competitive quotes
and DCC 2.36.040(A)(4) to any one
contractor shall not exceed $25,000 in any
one fiscal year.
D. When competitive quotes are obtained, award
of contract shall be to the lowest quote in
conformance with the specifications.
E. An oral quote received by telephone shall be
considered a written quote when it is
recorded in the records of the County.
(Ord. 2000-012 § 1, 2000; Ord. 99-035 § 1, 1999;
Ord. 98-092 § 1, 1998)
2.36.050. Delegation.
A. Each County employee and elected official
designated as a department head of the
County is authorized to contract in an amount
not to exceed $25,000 for each contract,
provided sufficient sums are appropriated and
unencumbered in the County budget and
there are sufficient cash resources available
to pay the maximum consideration set forth
in each contract.
PAGE 1 OF 2 - EXHIBIT A, ORDINANCE 2007-002 (01/24/07)
EXHIBIT A
B. The County Administrator Administfa#ve
oer-vicesDifec-ter- may award competitive
bids and enter into contracts in an amount not
to exceed $75,000 for any single contract.
(Ord. 2007-002 § 1, 2007; Ord. 2000-012 § 1,
2000; Ord. 98-092 § 1, 1998)
PAGE 2 OF 2 - EXHIBIT A, ORDINANCE 2007-002 (01/24/07)
EXHIBIT B
Chapter 4.12. SERVICE FEE
ADJUSTMENTS
4.12.010.
Annual review.
4.12.020.
Fee changes-Departmental
analysis.
4.12.030.
Annual adjustment.
4.12.040.
Adjustments-Hearing.
4.12.050.
Publication and distribution.
4.12.060.
Emergency fees-Duration.
4.12.070.
Temporary reduction-Duration.
4.12.080.
Current fees.
4.12.090.
Actual cost service fees.
4.12.010. Annual review.
Fees and charges for services shall be reviewed
for compatibility with the actual cost of providing
service prior to April 1st of each year, and shall
be adjusted and set as of each July 1 st.
(Ord. 85-005 § 1, 1985)
4.12.020. Fee changes-Departmental
analysis.
Prior to April 1st of each year, each department
responsible for the charging of a fee or charge for
service shall submit to the County Administrator
an analysis, on
forms to be provided by the County
Administrator ifeeter of administrative
the fees currently being charged, the actual cost
of the services provided, and the recommended
fee adjustments, if any.
(Ord. 2007-002, § 2, 2007; Ord. 85-005 § 25
1985)
4.12.030. Annual adjustment.
For fees for which no new fee is recommended by
a department head, an annual adjustment will be
made based on the applicable Consumer Price
Index (CPI) for all urban consumers, as compiled
and published by the United States Department of
Labor, Bureau of Labor Statistics, as of the prior
December.
(Ord. 95-029 § 1, 1995; Ord. 85-005 § 3, 1985)
4.12.040. Adjustments-Hearing.
The Board shall set for hearing, prior to May 1 st
of each year, all adjustments to fees and charges
for services, and all new fees and charges for
services. Fees and charges for services may be
amended or added after a hearing by the Board by
a proper resolution adopting the fees and charges
for services.
(Ord. 85-005 § 4, 1985)
4.12.050. Publication and distribution.
The County Administrator wee or---e€
Administrative Seryiees-shall compile and
publish a compilation of all County fees and
charges for services as of each July 1st, and shall
disseminate such compilation to all County
departments.
(Ord. 2007-xxx, § 2, 2007; Ord. 85-005 § 5,
1985)
4.12.060. Emergency fees-Duration.
Emergency fees may be adopted administratively
by the County Administrator Bim ter o
Armin°tr-ati e Services or the Board for a period
not to exceed one year. When a service is
requested and no fee has been adopted by the
Board, the County AdministratorDireater of
dministr-at ve Sefk,i^ on behalf of the Board,
shall declare a fee which shall be based upon the
work to be performed and cost of providing the
service. Any fee charged by the County which is
established or authorized by any governmental
entity may be amended administratively by the
County Administrator istfative
Ser-viees upon amendment of such fee or
authorization by the governmental entity.
(Ord. 2007-002, § 2, 2007; Ord. 88-037 § 1,
1988; Ord. 88-001 § 1, 1988; Ord. 85-005 § 6,
1985)
4.12.070. Temporary reduction-Duration.
Temporary reductions in fees for services and
materials may be approved by the Board for a
period not to exceed one year. Temporary
adjustments may be made to any fee amended in
whole or part by the Legislative Assembly of the
state, or any state agency or federal agency, to the
extent such fees are adjusted by the Legislative
Page 1 of 2 - Exhibit B, Ordinance 2007-002 (1/24/07)
EXHIBIT B
Assembly of the state, state agency or federal (Ord. 91-022 § 1, 1991)
agency.
(Ord. 86-046 § 1, 1986: Ord. 85-005 (part), 1985)
4.12.080. Current fees.
All fees for service now in effect are ratified, and
shall remain in full force and effect unless
amended by resolution of the Board.
(Ord. 85-005 § 7, 1985)
4.12.090. Actual cost service fees.
A. Any resolution adopting fees pursuant to
DCC 4.12.040 and any fee adopted
administratively pursuant to DCC 4.12.060
may be designated as an "Actual Cost Fee",
which may be abbreviated "ACS". This
designation shall follow the fee prescribed.
B. Any fee designated "Actual Cost Service" or
"ACS" shall constitute a deposit against
which County staff and consultants shall
charge their time spent on each application,
petition or service request.
C. Any amounts of an "Actual Cost Service" or
"ACS" deposit which exceed the actual cost
of service as determined by the time charged
by the County staff and consultants on the
application, petition or service requested
shall, within 60 days of the final decision or
action of the County approving or denying of
the application, petition or service request, be
refunded to the person or firm making the fee
deposit.
D. For any "Actual Cost Service" or "ACS" fee,
County staff and consultants shall keep a
written record of their time spent on each
application, petition or service request. Each
department head is authorized and directed to
require each applicant, petitioner or requester
for any of the services designated "Actual
Cost Service" or "ACS" to agree that, as a
condition of receipt of the application,
petition or service request, any documented
costs which exceed the deposit shall be due
and payable to the County upon demand
upon final decision or action of the County
on the application, petition or service request.
Page 2 of 2 - Exhibit B, Ordinance 2007-002 (1/24/07)