HomeMy WebLinkAboutItem 10 Proposed Updates to the Municipal Code Sections 2.702, 2.703, 2.706, 2.708 and 2.709 Regarding Public Contracting AGENDA ITEM SUMMARY Meeting Date: 10/21/2013
Meeting Type: Regular Meeting
Staff Contact/Dept.: Jayne McMahan, FIN Staff Phone No: 541-726-3708
Estimated Time: 5 minutes
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and
Innovative Government Services
ITEM TITLE: PROPOSED UPDATES TO MUNCIPAL CODE SECTIONS 2.702, 2.703, 2.706, 2.708 and 2.709 REGARDING PUBLIC CONTRACTING
ACTION
REQUESTED:
Conduct a public hearing and first reading on the following ordinance’s:
AN ORDINANCE AMENDING SECTIONS 2.702, 2.706, 2.708, AND 2.709 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING PUBLIC
CONTRACTING; AN ORDINANCE AMENDING SECTIONS 2.703, 2.706, 2.708, AND 2.710 OF
THE SPRINGFIELD MUNICIPAL CODE REGARDING PUBLIC CONTRACTING
ISSUE STATEMENT:
Whether to adopt the attached ordinances changing Public Contracting Municipal
Code to address Oregon Legislative changes to the informal bid threshold and
housekeeping changes to the Qualified Based Selection (QBS) process.
ATTACHMENTS: ATT 1: Ordinance Showing Changes Regarding Housekeeping Changes and
Clarifies Definitions ATT 2: Ordinance Showing Changes Regarding Change in Purchasing Threshold for Informal Bids
DISCUSSION/
FINANCIAL IMPACT:
These amendments arise after a review of the City Attorney’s Office and public contracting laws subsequent to the 2013 Oregon Legislative session. The first
ordinance change is required to incorporate housekeeping changes to the Qualified
Based Selection (QBS) process, clarifying definitions of QBS personnel and Springfield Municipal Code and ORS recitations. The second ordinance change
increasing the ceiling requirement for exemption from competitive bidding and request for proposals from $5,000 to $10,000 is a legislative change for State agencies but is optional for local governments. The amendments assure that the
Springfield Municipal Code with reference to public contracts is correct and accurate and consistent with the State of Oregon Public Contracting Law.
Currently for the Small Informal Bid process for the City – up to $5,000 – the City staff gathers quotes from a minimum of three qualified suppliers via telephone,
email or web services. The City documents the quotes and the bid is awarded to the
lowest bidder. Following the State Statue increase to up to $10,000 will not only be a process improvement, but also comes with cost savings in terms of time.
Informality will not dispense with the requirements for documentation and
accountability.
RECOMMENDED ACTION: Direct City Staff to update the Municipal Code to
address the enacted HB2212, to revise the Municipal Code by raising the threshold of informal solicitations from $5,000 to $10,000, and to update the Municipal Code
for housekeeping changes and to schedule a second reading.
ATTACHMENT 1
ORDINANCE NO. _____ (General)
AN ORDINANCE AMENDING SECTIONS 2.702, 2.706, 2.708,
AND 2.709 OF THE SPRINGFIELD MUNICIPAL
CODE REGARDING PUBLIC CONTRACTING
WHEREAS, the Common Council of the City of Springfield is the local Contract Review
Board under the State of Oregon Public Contracting Code; and
WHEREAS, the City of Springfield has implemented and codified its public contracting
authority in “public contracts” Sections 2.700 through 2.718 of the Springfield Municipal Code;
and
WHEREAS, the Springfield Council has reviewed those sections and determined to make
these certain amendments to assure that the Springfield Municipal Code with reference to
public contracts is correct and accurate and reflects current public contracting law under the
State of Oregon Revised Statutes.
NOW, THEREFORE, based on the foregoing recitals, the City of Springfield ordains as
follows:
Section 1: Springfield Municipal Code Section 2.702 “Definitions” is hereby amended in
Section 2.702(3)(b) to read as follows:
“(b) Quality Based Selection (“QBS”). Certain architectural, engineering,
photogrammetric mapping, transportation planning services for projects that require
compliance with the National Environmental Policy Act, or land surveying services
procured under ORS 279C.105 or 279C.110 and related services procured under ORS
279C.120 as set forth in Section 2.709.”
Section 2: Springfield Municipal Code Section 2.706 “Public Contracts for Goods and
Services” is hereby amended in its initial paragraph to read as follows:
“2.706 Public Contracts for Goods and Services. This section applies to
public contracts that are not contracts for personal services (Springfield Municipal Code
section 2.708), personal services contracts for QBS services (Springfield Municipal Code
section 2.709), or contracts for public improvements (Springfield Municipal Code section
2.710). A public contract shall not be artificially divided or fragmented to qualify for a
different award procedure than that provided by this section.”
Section 3: Springfield Municipal Code Section 2.708 “General Personal Services Contracts” is
hereby amended in section 2.708(5) to read as follows:
“(5) Direct contracts for services of architects, engineers, and land surveyors. The
contract review board or the contracting agency may enter into an architectural,
ATTACHMENT 1
engineering or land surveying services contract directly with a consultant if the project
described in the contract consists of work that has been substantially described,
planned or otherwise previously studied or rendered in an earlier contract with a
consultant that was awarded under a personal services contract as set forth in this
section and the new contract is a continuation of that project. When entering into a
contract under this section, the local contracting agency shall consider the criteria set
forth in subsections (34)(a), (b), (d) through (f) and (i) of this section and in the criteria
set forth in ORS 279C.110.”
Section 4: The Springfield Municipal Code Section 2.709 “Qualified Based Selection (QBS)” is
hereby amended in 2.709(1)(d) to read as follows:
“(d) Engineer. A person who is registered and holds a valid certificate in the practice
of land surveying engineering in the state of Oregon, as provided under ORS 672.002
through 672.325, and includes all terms listed in ORS 672.002(2).”
Section 5: The Springfield Municipal Code Section 2.709 “Qualified Based Selection (QBS)” is
hereby amended in 2.709(1)(e) to read as follows:
“(e) Land surveyor. A person who is registered and holds a valid certificate in the
practice of land surveying in the state of Oregon, as provided under ORS 672.002
through 672.325 and includes all terms listed in ORS 672.002(2 5).”
Section 6: The Springfield Municipal Code Section 2.709 “Qualified Based Selection (QBS)”
is hereby amended in Section 2.709(1)(f) to read as follows:
“(f) Photogrammetric mapping. The meaning given that term in ORS 672.002(7).”
Section 7: The Springfield Municipal Code Section 2.709 “Qualified Based Selection (QBS)”
is hereby amended in Section 2.709(1)(g) to read as follows:
“(g) Photogrammetrist. A person who is registered and holds a valid certificate in the
practice of photogrammetric mapping in the State of Oregon as provided under ORS
672.002 through 672.325 and includes Tthe meaning given that term in ORS
672.002(8).”
Section 8: The Springfield Municipal Code Section 2.709 “Qualified Based Selection (QBS)” is
hereby amended in Section 2.709(2)(a) to read as follows:
“(2) QBS Consultant Selection.
(a) The city shall select consultants to provide architectural, engineering,
photogrammetric mapping, land surveying transportation planning services or land
surveying transportation planning services on the basis of the consultant’s qualifications
for the type of professional service required. Upon selection of the most qualified
ATTACHMENT 1
consultant, the city may solicit or use price proposals, pricing policies, or pricing
information as set forth in subsection (2)(c) and (d). This provision does not apply to
contracts less than $5,000 $100,000 (ORS 279B.065).”
Section 9: The Springfield Municipal Code Section 2.709 “Qualified Based Selection (QBS)”
is hereby amended in Section 2.709(2)(g) to read as follows:
“(g) The city may adjust the procedures to accommodate the city’s scope, schedule,
or objective for a particular project if the city’s estimated cost of the consultant
architectural, engineering, photogrammetric mapping, transportation planning or land
surveying services for the project does not exceed $250,000.”
Section 10: The Springfield Municipal Code Section 2.709 “Qualified Based Selection (QBS)”
is hereby amended in Section 2.709(3) to read as follows:
“(3) The requirements set forth in section 2.708(6), (7), (8), (9), (10) and (11) (10)
regarding general personal services contracts shall also apply to the personal services
contracts in this section.”
Section 11: Except as expressly modified herein, all other terms and conditions of Springfield
Municipal Code 2.700 et seq “Public Contracts” shall remain in full force and effect.
Section 12: This Ordinance shall take effect 30 days after its adoption by the Council and
approval by the Mayor.
ADOPTED by the Council of the City of Springfield this _____ day of _______________, 2013,
by a vote of _____ for and _____ against.
APPROVED by the Mayor of the City of Springfield this _____ day of _______________, 2013.
________________________________
Christine Lundberg, Mayor
ATTEST:
________________________________
Amy Sowa, City Recorder
ATTACHMENT 2
ORDINANCE NO. _____ (General)
AN ORDINANCE AMENDING SECTIONS 2.703, 2.706, 2.708,
AND 2.710 OF THE SPRINGFIELD MUNICIPAL
CODE REGARDING PUBLIC CONTRACTING
WHEREAS, the Common Council of the City of Springfield is the local Contract
Review Board under the State of Oregon Public Contracting Code; and
WHEREAS, the City of Springfield has implemented and codified its public
contracting authority in “public contracts” Sections 2.700 through 2.718 of the
Springfield Municipal Code; and
WHEREAS, the Springfield Council has reviewed those sections and determined
to make these certain amendments to assure that the Springfield Municipal Code with
reference to public contracts is correct and accurate and reflects current public
contracting law under the State of Oregon Revised Statutes.
NOW, THEREFORE, based on the foregoing recitals, the City of Springfield
ordains as follows:
Section 1: Springfield Municipal Code Section 2.703 “Exempt Contracts” is hereby
amended in Section 2.703(1) to read as follows:
“(1) Any contract exempt by the state of Oregon Public Contracting Code or
Model Rules, including, but not limited to, the following classes of contracts specifically
exempted by the state of Oregon Public Contracting Code or Model Rules: ORS
279A.025, “Application of Public Contracting Code”; ORS 279A.180, “Purchases Through
Federal Programs”; ORS 279A.190, ORS 279C.335, “All Public Improvement Contracts
under $105,000”; ORS 279B.065, “Goods and Services Contracts under $105,000”; ORS
279C.335, “Certain Contracts in Response to a Declared Emergency”; ORS 279C.335,
“Energy Savings Performance Contracts” (an energy savings performance contract is
defined as a public contract between a public agency and a qualified energy service
company for the identification, evaluation, recommendation, design and construction of
energy conservation measures, including a design-build contract that guarantees
energy savings or performance); OAR 137-046-0130, “Transfers of Fire Protection
Equipment Between Fire Department”; ORS 279.A.200 et seq., “Cooperative
Procurement”; and, ORS 279A.220, “Interstate Cooperative Procurements”; QRF
requirements; ORS 279.835-279.855; contracts where state and federal funding
requirements require other than competitive procurement.”
Section 2: Springfield Municipal Code Section 2.706 “Public Contracts for Goods and
Services” is hereby amended in Section 2.706(2)(a) and (b) to read as follows:
ATTACHMENT 2
“(2)(a) Public Contracts Valued at Not Exceeding $105,000.00. Notwithstanding
any exception to competitive bidding provided for by Oregon statute, a public
contract for an amount which is valued at $105,000.00 or less shall be awarded
by the contracting agency based on informal quotes.
(2)(b) Public Contracts Valued in Excess of $105,000.00 but Not Exceeding
$100,000.00. A public contract for an amount which is valued in excess of
$105,000.00 but not exceeding $100,000.00 shall be awarded by the contracting
agency based on formal quotes.”
Section 3: Springfield Municipal Code Section 2.706 “Public Contracts for Goods and
Services” is hereby amended in Section 2.706(3) to read as follows:
“(3) Amendments to the contracts must fall within the scope of the original
contract or solicitation or proposal. Contract amendments must be in writing.
Amendments to public contracts valued at $105,000.00 or less may not cause
the contract price to increase in excess of 50 percent. Amendments for public
contracts for goods and services valued at in excess of $105,000.00 but not
exceeding $100,000.00 may not cause the contract price to exceed an amount
that is greater than 30 percent of the original contract price. Amendments for
public contracts for goods and services valued at in excess of $100,000.00 may
not cause the contract price to exceed an amount that is greater than 30 percent
of the original contract price. Amendments shall not be used to circumvent rules
establishing approvals at certain monetary levels.”
Section 4: Springfield Municipal Code Section 2.708 “General Personal Services
Contracts” is hereby amended in Section 2.708(3)(b) and (c) to read as follows:
“(3)(a) General Personal Service Contracts Valued at Not Exceeding
$105,000.00. A public contract for an amount which is valued at $105,000.00 or
less shall be awarded by the contracting agency based on informal quotes.
(3)(c) General Personal Service Contracts Valued at in Excess of $105,000.00
but Not Exceeding $100,000.00. Personal services contracts involving an
anticipated fee valued at in excess of $105,000.00 but not exceeding
$100,000.00 per fiscal year shall be awarded by the contracting agency following
solicitation of offers for personal services by written invitation or advertisement
in sufficient number to provide a choice for the city from among qualified service
providers. The contracting agency shall determine the selection criteria to be
included in the written invitation or advertisement and shall have authority to
negotiate and enter into the contract.”
Section 5: Springfield Municipal Code Section 2.710 “Public Improvement Contracts”
is hereby amended in Section 2.710(2)(a) and (b) to read as follows:
ATTACHMENT 2
“(2)(a) Public Improvement Contracts Valued at Not Exceeding $105,000.00.
Notwithstanding any exemption from competitive bidding provided for by Oregon
statute, public improvement contracts valued at $5,000.00 or less shall be
awarded by the contracting agency based on informal quotes.
(2)(b) Public Improvement Contracts Valued in Excess of $105,000.00 but Not
Exceeding $100,000.00. Public improvement contracts valued at in excess of
$105,000.00 but not exceeding $100,000.00 shall be awarded by the contracting
agency based on formal quotes.”
Section 6: Except as expressly modified herein, all other terms and conditions of
Springfield Municipal Code 2.700 et seq “Public Contracts” shall remain in full force and
effect.
Section 7: This Ordinance shall take effect 30 days after its adoption by the Council
and approval by the Mayor or January 1, 2014, whichever date is later.
ADOPTED by the Council of the City of Springfield this _____ day of
_________________, 2013, by a vote of _____ for and _____ against.
APPROVED by the Mayor of the City of Springfield this _____ day of _______________,
2013.
________________________________
Christine Lundberg, Mayor
ATTEST:
________________________________
Amy Sowa, City Recorder