The URL can be used to link to this page

Home My WebLink About2024-034 Memo - Public Contracting OfficerMemo TO: City Staff FROM: Sabrina Cotta, Interim City Manager DATE: April 5, 2024 RE: Written Orders (Delegated Authority for Public Contracting) ITY OF SHLAND In accordance with AMC 2.50.040(F), the City Manager acting as the "Public Contracting Officer" delegates the following public contracting authority as specified by written order. These written orders supersede all other written orders delegating public contracting authority. Contract and Contract Amendment Signing Authority - AMC 2.50.070(A) • Department heads are authorized to sign contracts and any subsequently issued contract amendments that cumulatively do not exceed $50,000. • The City Manager will approve and sign all contracts that exceed $50,000 and up to $250,000 without Council approval. The City Manager will also sign any contract amendments that increase the total amount of the contract and any subsequently issued contract amendments to an amount greater than $50,000. • Council will approve all contracts that exceed $250,000. The City Manager will sign all Council approved contracts and contract amendments. Purchase Order Signing Authority • Purchase orders are required for all purchases of $10,000 and over and for all City contracts or as requested by vendor. • The Finance Director, or their designee as specified by written order, is delegated the authority to sign purchase orders. Forms In accordance with AMC 2.50.070(C), forms have been created to delegate procurement authority and ensure the public contracting requirements have been satisfied. Modules in the City's financial software, such as the Requisition module, are representative of forms. Page11 C I T Y O F HULA N D Personal Service Definitions and Direct Award Personal services fall into two types of categories: Architectural and Engineering (A&E) and related services and other personal services. Contracts for A&E and related services include photogrammetric mapping, transportation planning, land surveying services, or related services designated as defined in ORS 279C.100 (8). Contracts for these services may be directly awarded up to $100,000 with the proper approvals. Other personal services are those that call for specialized skills, knowledge, and resources in the application of highly technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment. Qualifications and performance history, expertise, knowledge and creativity, and the ability to exercise sound professional judgment are typically the primary considerations when selecting a Personal Services Contractor, with price being secondary. Contracts for these types of services may be directly awarded up to $50,000 with the proper approvals. • If the personal service is one that is typically provided by a City employee, Form #4: Determinations to Procure Personal Services, must be submitted by the appropriate department head explaining why the City does not have the personnel or resources to perform the services required under the proposed contract. • The City Manager will review and approve Form #4. Request for Budget Review for Formal Processes — AMC 2.50.080(A) • Department Heads shall use Form #12, or the appropriate module in the City's financial software, to obtain the approval of the Finance Director to ensure funds are available for the project prior to the release of a formal solicitation: Invitation to Bid (ITB); Request for Proposal (RFP); or Request for Qualifications (RFQ). Requisition: Request for a Purchase Order • City staff will submit requests through the Requisition module in the City's financial software for all purchases over $10,000, and all City contracts, and provide documentation to support that the City's public contracting rules have been met. • Requisitions that are equal to or greater than $10,000 must be approved by the appropriate department head. • The Finance Director will review requisitions to ensure there is funding for all purchases greater than $10,000. • The City Manager will review and approve all requisitions greater than $50,000. • Purchases of more than $250,000 must be approved by Council prior to submitting a requisition. Page 12 -1CITY OF SHLAND Contract Amendment/Change Orders — AMC 2.50.100(D) • All contract amendments and change orders must be reviewed and approved by the appropriate department head. • The Finance Director will review and approve all monetary contract amendments. The City Manager will review and approve all contract amendments that either increase the contract amount to $50,000 or more, or for contracts that are already above $50,000, amendments that cumulatively add $50,000 or more to the contract. Other amendment thresholds and approvals are as follows: Small Procurement Cumulative amendments must not increase the total contract price to a sum greater than $31,250. May not increase the total contract price to greater than 125% of the $25,000 threshold. Intermediate Procurement Council approval is required if cumulative value of original contract price and all amendments exceed $250,000 or 125% of the original contract price, whichever is greater. Direct Appointment: Personal Services Council approval if formal competition was not used and the cumulative value of the contract and all amendments exceeds $250,000. Sole Source Procurement No additional competition required if the amendment is within the scope described in solicitation documents, Sole Source notice or the approved Special Procurement. Emergency Procurement Allowed if the emergency justification for entering the contract still exists, and the amendment is necessary to address the continuing emergency. Special Procurement Amendments are dependent on the procurement method approved and any conditions stipulated bythe City Council. Competitive Sealed Bidding Council approval required if cumulative value of original contract price and all amendments exceed $250,000 or 125% of the original contract, whichever is greater. Competitive Sealed Proposals Council approval required if cumulative value of original contract price and all amendments exceed $250,000 or 125% of the original contract, whichever is greater. Cooperative Procurement May amend according to the procurement method used to conduct the Cooperative Procurement. Page 13 �--CITY OF -ASHLAND Surplus Property — AMC 2.50.070(4) • The Deputy Public Works Director and the Maintenance Safety Supervisor are authorized to dispose of City -owned property in accordance with AMC 2.54. • Vehicles and equipment can be offered for public sale using GovDeals.com, an online government marketplace, as approved by the City Council on March 5, 2019. • Fire protection equipment that has been declared surplus by the City can be transferred to other fire departments in accordance with ORS 279A.190. • The department head or their designee are directed to prepare and use Form #16, to request written authorization from the City Manager to declare and dispose of surplus property in accordance with AMC 2.54 • In accordance with AMC 2.54.010, surplus property having a residual value of more than $10,000 requires the approval of the City Council prior to offering the surplus property for public sale. • In accordance with AMC 2.54.1110, the City Manager will determine what fund and/or funds will be credited with the proceeds from the sale of surplus property. • City employees are prohibited from taking possession of surplus property designated as surplus, trash, scrap, and/or as recyclables, except as authorized in writing by the City Manager. Business Inclusion and Diversity Use of businesses that have been certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID) is encouraged. Reporting to the City Manager The City Manager, acting as the Public Contracting Officer, directs City employees to report when it appears that the City's public contracting requirements cannot be adhered to; when there is potential for violating public contracting requirements; and when the City's public contracting rules have not been satisfied. Sabrina Cotta, Interim City Manager f 1-2c, 2y 1 Date Page 14