2023-391-Ordinance No. 2023-026 Recorded 12/18/2023REVIEW
,1
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-391
Steve Dennison, County Clerk
Commissioners' Journal 12/18/2023 3:42:04 PM
2023-391
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Section 2.37.120 of Title
2.37, Contracting, of the Deschutes County Code; * ORDINANCE NO. 2023-026
Emergency Adoption.
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners; and
WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the
DCC; and
WHEREAS, staff from Facilities, Administration, and Legal have from time to time identified a need to
amend DCC 2.37 to reflect either state law changes or revisions appropriate for county operations; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed public hearing during the Board meeting on December 13, 2023, and determined that Section 2.37,120 of
"Title 2.37 should be amended; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section I. AMENDMENT. DCC 2,37.120 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
4fi-keEl3te"0.
Section 2. ADOPTION. This Ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist; this Ordinance takes effect on January 1, 2024.
PAGE 1 OF 2 - ORDINANCE NO.2023-026
Dated this j V%f- ' , 2023
A EST: �n
Recording Secretary
Date of Ist Reading: 13"' day of December, 2023.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
( wz� -�- 'e
PATTI ADAIR, Vice Chair
Date of 2nd Reading: 13"' day of December, 2023.
Commissioner
Patti Adair
Phil Chang
Anthony DeBone
Effective date: I" day of January, 2024.
PAGE 2 OF 2 - ORDINANCE NO.2023-026
PAIL CHANG, Comm' sioner
Yes
Record of Adoption Vote
No Abstained Excused
(To Ordinance No. 2023--026)
2 37 120 Notice Of Intent To Award; Notice To Proceed And Contract Administration
A. At least seven (7) days before the award of a public contract, unless the Purchasing Agent or the
Board determines that seven days is impractical, the Purchasing Agent shall post on the county's
website or provide each bidder or proposer notice of the county's intent to award a contract.
This subsection does not apply to a contract awarded as a small procurement under ORS
2796.065, an intermediate procurement under ORS 2798.070, a sole -source procurement under
ORS 27913.075, an emergency procurement under ORS 2796.080 or a special procurement under
ORS 279B.085.
B. Unless a timely protest is received and after issuing notice in accordance with subsection A of
this section, if required, the Purchasing Agent shall prepare a contract in accordance with the
contractor selection results and furnish same for the contractor's execution.
C. After the contractor has executed the contract and furnished bonds, if required, and proofs of
insurance the Purchasing Agent shall execute the contract, if within the Purchasing Agent's
authority, or submit same to the Board for approval.
D. If the Notice of Intent to Award provides that the contract may_ be processed administrative)
anMoT without further action by the Board, no additional Board action shall be reccluired,
9-:E.If not proceeding pursuant to D above, should If the Board approves the contract, it shall adopt
an order or otherwise authorize the Purchasing Agent or County Administrator to execute the
contract and to approve change orders within the scope of 2.37.080.B.9 or amendments within
the scope of the project for which the contract has been prepared.
&.F. The contractor shall not begin work under the contract until the contract is fully executed and in
the case of public works contracts the county has issued and delivered a Notice to Proceed.
F:G. For purchases of goods the county may indicate in the solicitation that the selected contractor
will be issued a purchase order, which refers to 2.37.150 for required contract terms.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
Amended by Ord.. 2023-026 §1 on 12 13 2023
E S Co
BOAR® OF
COMMISSIONERS
MEETING DATE: December 13, 2023
SUBJECT: Public Hearing and consideration of ordinance to amend section 2.37.120 of the
Deschutes County Code to clarify contract processing procedures
RECOMMENDED ACTION:
Following the public hearing, move first and second readings and emergency adoption of
Ordinance 2023-026 amending DCC 2.37.120 to clarify existing procedure relative to
contract processing post -Notice of Intent to Award.
BACKGROUND AND POLICY IMPLICATIONS:
Earlier this Fall the Board approved amendments to DCC 2.36 and DCC 2.37. The
proposed amendment to section 2.37.120 should have been included in that previous
packet. Adding now and proposing emergency adoption to align with the January 1,
2024, effective date for the other amendments to the contracting code.
BUDGET IMPACTS:
None.
ATTENDANCE:
Admin
Legal