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HomeMy WebLinkAboutItem 01 SEDA Contracts Over RecessAGENDA ITEM SUMMARY Meeting Date: 11/28/2022 Meeting Type: Regular Meeting Staff Contact/Dept.: Neil Obringer / Finance SPRINGFIELD ECONOMIC Staff Phone No: 541-736-1032 DEVELOPMENT AGENCY Estimated Time: 05 Minutes ITEM TITLE: WINTER OVER RECESS CONTRACTS. ACTION Adopt/Not Adopt the following Resolution: A RESOLUTION AUTHORIZING THE REQUESTED: CITY MANAGER TO AWARD CONTRACTS EXCEEDING $100,000 AND APPROVE AMENDMENTS TO PUBLIC CONTRACTS EXCEEDING LEVELS IN SPRINGFIELD MUNICIPAL CODE SECTION 2.706(3) IN CONFORMANCE WITH ALL OTHER APPLICABLE REQUIREMENTS OF THE SPRINGFIELD MUNICIPAL CODE AND OREGON PUBLIC CONTRACTING LAW DURING THE PERIOD COMMENCING NOVEMBER 29, 2022 AND CONTINUING THROUGH JANUARY 8, 2023 WHILE THE BOARD IS IN RECESS. ISSUE The City of Springfield conducts sourcing activities for SEDA and follows the City STATEMENT: of Springfield's Municipal Code Chapter 2, Public Contracts, Section 2.704 "Public Contracts for Goods and Services," and Purchasing Guidelines unless otherwise stated. During the SEDA Board's winter recess, SEDA will need to award contracts that exceed the City Manager's signature authority and may need to approve amendments to public contracts where the amendment cost exceeds the limits imposed by Springfield Municipal Code Section 2.706 (3). These actions are normally approved by the Board. To allow City business to proceed as usual during the recess, the Board may want to authorize the City Manager to approve such actions. ATTACHMENTS: Attachment 1: Winter Recess Contracts Attachment 2: Resolution DISCUSSION/ Per Article VII, Section 2 of the SEDA Bylaws, SEDA disbursement of funds must FINANCIAL follow the rules and regulations adopted by the City Council. Specifically, IMPACT: procurement by SEDA must adhere to the public contracting code in Springfield Municipal Code Chapter 2. SMC 2.704 allows the City Manager to enter into contracts only up to $100,000 without SEDA Board authorization. SMC 2.706(3) prohibits amendments to public contracts where the amendment cost exceeds certain limits imposed by the Code without SEDA Board approval. For the duration of the SEDA Board's 2022-2023 winter recess, staff recommends that the Board authorize the City Manager to approve competitive bid contracts that exceed the intermediate procurement threshold, Requests for Proposals, other personal services contracts exempt from bidding requirements under the purchasing regulations, and to approve amendments to public contracts where the amendment cost exceeds the limits imposed by Section 2.706 (2)(c) without Board approval. All expenditures have been budgeted and all purchasing provisions of the Municipal Code are to be followed. City Manager authorization will allow projects to stay on schedule, public service to continue uninterrupted, and limit SEDA's exposure. The following is a list winter recess contract awards currently anticipated. Other contracts or amendments may come up during the recess time that will be needed to be actioned. Project Name Approximate Dollar Value Department Contact Date contract would be ready for award: Glenwood Master Plan Consultant I $300-400K I CMO ISam Kelly-Quattrocchi I Mid -December Attachment 1 Page 1 of 1 SPRINGFIELD DEVELOPMENT AGENCY, AN URBAN RENEWAL AGENCY OF THE CITY OF SPRINGFIELD RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS EXCEEDING $100,000 AND APPROVE AMENDMENTS TO PUBLIC CONTRACTS EXCEEDING LEVELS IN SPRINGFIELD MUNICIPAL CODE SECTION 2.706(3) IN CONFORMANCE WITH ALL OTHER APPLICABLE REQUIREMENTS OF THE SPRINGFIELD MUNICIPAL CODE AND OREGON PUBLIC CONTRACTING LAW DURING THE PERIOD COMMENCING NOVEMBER 29, 2022 AND CONTINUING THROUGH JANUARY 8, 2023 WHILE THE BOARD IS IN RECESS. WHEREAS, SEDA and the City of Springfield have an agreement dated November 20, 2005 and amended July 21, 2008, November 21, 2011, and June 20, 2016 to advance and repay funds needed for Urban Renewal Projects; WHEREAS, the City of Springfield conducts procurement activities for SEDA and follows the City of Springfield Municipal Code Chapter 2, Public Contracts, Section 2.704 'Public Contracts for Goods and Services," and Purchasing Guidelines unless otherwise stated as provided in Article VII, Section 2 of the SEDA Bylaws (adopted by SEDA Resolution 2013-06); WHEREAS, Springfield Municipal Code (SMC) section 2.704(1)(a), "Contracting Authority and Responsibilities," limits the City Manager's authority to make purchases and award contracts to those less than $100,000, without additional authorization from the Board acting as the local contract review board; WHEREAS, SMC 2.706(3) and 2.706(4) prohibit amendments to public contracts where the amendment cost exceeds certain limits, except when approved by the Board acting as the local contract review board; WHEREAS, delaying approval for all purchases and agreements until the Board meeting on January 9, 2023 may waste valuable time, increase SEDA's exposure to delays, increase costs, and reduce public service; WHEREAS, there may occur the need to execute contracts exceeding $100,000 for which funds have been budgeted and that for reasons of public welfare, safety, and cost effectiveness need to be awarded during the Board's winter recess commencing November 29, 2022 and continuing through January 8, 2023; and WHEREAS, there may occur the need to amend contracts where the amended cost exceeds certain specified limits during the Board's winter recess commencing November 29, 2022 and continuing through January 8, 2023, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SEDA AS FOLLOWS: Section 1: The City Manager is hereby authorized to award the following contracts and contact amendments for which funds have been budgeted, and that for reasons of public welfare, safety, and cost effectiveness need to be awarded during the Board's Winter recess, provided that all other applicable requirements in the Springfield Municipal Code and Oregon Public Contracting Code are followed: Attachment 2 Page 1 of 2 A. Contracts in excess of $100,000 based on competitive sealed bids or competitive sealed proposals; B. Contracts in excess of $100,000 that are otherwise exempt from being awarded based on competitive sealed bids or competitive sealed proposals by applicable provisions of the Springfield Municipal Code or Oregon Public Contracting Code; and C. Amendments to contracts that exceed the monetary limits imposed by SMC 2.706(3). Section 2: The authorization provided in Section 1 supplements and is in addition to, and not in lieu of, the Board's authority. Section 3: This Resolution will take effect on November 29, 2022 and expires after January 8, 2023. Adopted by the Board of the Springfield Economic Development Agency, an Urban Renewal Agency of the City of Springfield, this 28th day of November 2022 by a vote of for and against. ATTEST: Sean VanGordon, Secretary Springfield Economic Development Agency Board of Directors Attachment 2 Page 2 of 2