Legal & Contracts

This section provides crucial information on the legal compliance and risk management that governs the Port's activities and agreements. It specifically details the Port’s official contracting and procurement rules (including bidding procedures and authority thresholds). Understanding this legal framework is essential for Commissioners to exercise proper oversight, fulfill their fiduciary duty, and protect the Port's legal and financial interests in all transactions.

In short, this section provides the rules and resources that ensure the Port enters into contracts legally and responsibly, protecting both the entity and the Commissioners.

Contracting and Procurement Rules

Below is a quick overview of Port's procurement policy. The full policy can be read in its entirety here: Port of Cascade Locks Contracting & Purchasing (Procurement) Rules.

I. The Commission's Authority and Policy 
  1. The Port Commission serves as the local contract review board for the Port and has all the necessary rights, powers, and authority to carry out the provisions of the Contracting and Purchasing Rules and the Public Contracting Code.
  2. The Port has adopted its own set of rules for contracting and purchasing, which generally replace the state's Model Rules. In the event of a conflict, the Port’s rules shall prevail over the Model Rules. If a contract is funded, in whole or in part, by Federal funds, then the applicable Federal statutes and regulations shall govern the procurement process, potentially overriding both State and Port rules where they conflict.
  3. The Commission's policy is to maximize the efficient use of Port resources, promote impartial and open competition, and regularly review the Public Contracting Code (ORS Chapters 279A, 279B, and 279C) to maintain compliance.
II. Executive Director Oversight and Limits 
  1. The Executive Director is responsible for ensuring these rules are followed.
  2. The Executive Director can only award contracts and amendments without specific Commission authorization if the expenditure is in the adopted budget and the contract price does not exceed the Executive Director’s established spending authority. All contracts that exceed the Executive Director’s spending authority require specific authorization by the Port Commission.
  3. The Executive Director can refer any contracting or purchasing decision within their authority to the Port Commission, at the Executive Director's discretion.
  4. Protests: For all large procurements (contracts over $150,000) , the Port uses state Model Rules for processing protests. For protests related to personal services, the Executive Director issues a written disposition.
III. Contract Prohibitions, Preferences, and Exclusions 
  1. Unauthorized Contracts: Any public contract entered into or purchase made without valid authorization is voidable at the sole discretion of the Port. Employees involved in such contracts may face disciplinary measures or personal liability.
  2. Prohibited Purchases: Contracts with a Port employee, their immediate family members, or an associated business are prohibited unless expressly authorized and approved by the Port Commission (except for certain findings in an emergency).
  3. Preferences: The Port must apply a Tie Breaker Preference and Reciprocal Preference for resident bidders when offers are identical. The GM also has discretion to offer a Local Preference (up to 10%) and the Port gives preference to Recycled Products (if costs don't exceed comparable nonrecycled products by more than five percent). The Port also seeks to provide opportunities for MWSDV and ESB (Minority-Owned, Woman-Owned, Service Disabled Veteran-Owned, and Emerging Small Businesses).
  4. Federal Funds: When federal funds are involved, all applicable federal statutes and regulations shall govern.
  5. Key Exclusions: These rules generally do not apply to certain key areas:
  • Acquisitions or disposals of real property or interests in real property.
  • Grants.
  • Contracts for the incurring of debt (financing/bonds).
  • Insurance contracts.
  • Revenue-generating agreements.

The Executive Director is the primary agent authorized to execute (sign) contracts on behalf of the Port, but this authority is subject to a dollar limit set by the Port Commission.

The Executive Director is authorized to award and execute contracts and amendments without specific Port Commission authorization, provided both of the following conditions are met: 

  1. The expenditure is included in the adopted fiscal year budget. 
  2. The total contract price does not exceed the Executive Director’s spending authority, as established by the Port Commission. 

Specific authorization by the Port Commission is required for the Executive Director to execute contracts and amendments that exceed the Executive Director's established spending authority. 

The Port of Cascade Locks utilizes the Oregon Buys platform for all Requests for Proposals, Quote Solicitations and Invitations to Bid.

 

Legal Compliance & Risk

  • Statutory Compliance Summary: A high-level overview of the key state and federal laws specific to ports or special districts that the Port must follow.
  • Indemnification/Risk Management: Information regarding the Port's policies on insurance, risk exposure, and Commissioner indemnification.
  • Legal Counsel Contact: Clear contact information for the Port's retained legal counsel.

III. Contract Management

  • Standard Contract Templates: Examples of the common contract types the Port uses (e.g., leases, service agreements, construction contracts).
  • Contract Review Checklist: A checklist or procedure outlining the steps Commissioners should take when reviewing and approving contracts.

IV. Records & Reporting

  • Public Records Compliance: A brief refresher on the Port's obligations under state public records laws related to contract and legal documentation.

 

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