ATTACHMENT 2 Resolution 16-03 Page 1 of 5 RESOLUTION 16-03 A RESOLUTION OF THE LAKE OSWEGO REDEVELOPMENT AGENCY BOARD REPEALING THE 2005 LAKE OSWEGO PUBLIC CONTRACT RULES AS PUBLIC CONTRACTING RULES FOR LORA; ADOPTING THE 2016 LAKE OSWEGO PUBLIC CONTRACT RULES, INCLUDING CLASS EXEMPTIONS; AND RE-DELEGATING AUTHORITY TO THE EXECUTIVE DIRECTOR TO AWARD CERTAIN CONTRACTS AND INTERGOVERNMENTAL AGREEMENTS. WHEREAS, ORS 279A.065(5) and 279A.070 authorizes a public contract review board to adopt and from time to time amend rules of procedures that a public contracting agency will use for public contracts, which may modify portions of the model rules of public contracting adopted by the Oregon Attorney General (OAR 137, Divisions -046, -047, -048, and -049) (Model Rules); and except where amended, the Model Rules apply; WHEREAS, the Lake Oswego Redevelopment Agency (LORA) Board is the Public Contract Review Board for the Lake Oswego Redevelopment Agency, pursuant to ORS 279A.060; WHEREAS, the 2005 Lake Oswego Public Contract Rules (LOPCRs) were adopted in lieu of the Model Rules but were in large part based upon the Model Rules because it was found there were administrative, legal and financial advantages to maintaining public contract procedural rules similar to the Model Rules, and further that potential bidders are also benefited if the public contract procedural rules for the Lake Oswego Redevelopment Agency are similar to the Model Rules; WHEREAS, there have been annual modifications to the Model Rules since 2005; WHEREAS, the Board finds that maintaining separate public contracting rules that are similar, but not identical to the Model Rules results in bidder uncertainty as to what substantive modifications may exist in the LOPCRs as compared to the Model Rules, and results in staff time maintaining separate, but similar public contracting rules, and that it would be more convenient to staff and more transparent to bidders to adopt specific Lake Oswego public contracting rules to modify the Model Rules only when necessary to address specific concerns, in a form that is easy for the bidder to ascertain modifications from the Model Rules; WHEREAS, the Board, acting as the Lake Oswego Redevelopment Agency Local Public Contract Board, may adopt class special procurement rules, to establish a contracting procedure that differs from the contracting procedures established by ORS 279B.055, -.060, 065, and -070 over time for a specified class of goods or services, subject to at least one public notice of the approval process being given in a newspaper of general circulation, pursuant to ORS 279B.060(4) and 279B.055(4); WHEREAS, pursuant to ORS 279C.335(4) and other related statutes, public notice of a public hearing for the consideration of the adoption of this Resolution, and the accompanying 2016 LOPCRs, was given on June 10, 2016 (a date not less than 14 days prior to the date of the
hearing), in the Portland Daily Journal of Commerce, a trade newspaper of general statewide circulation; and WHEREAS, the Board finds that staff and potential bidders are benefitted if the public contract procedural rules for LORA are identical to the public contracting rules for the City of Lake Oswego; WHEREAS, a public hearing was held on the date of adoption of this resolution, and persons had the opportunity to appear and present comment; and WHEREAS, the LORA Board finds that repealing the current LOPCRs and re-adopting only those rules: That have specific Lake Oswego purposes, e.g., existing contract class exemptions (LOPCR 50-131 [2016]), with one proposed amendment to the class exception construction when concurrent with privately-funded improvements (adding public utility construction to existing street construction)(lopcr 50-131(2)(b) [2016]), or When deemed to add certainty to the public contracting process that is not found currently in the Model Rules, results in improved transparency of the public contracting process, resulting in greater competition, and award of contracts to qualified contractors at a competitive price; and WHEREAS the Board finds that the Executive Director should continue to be authorized to enter into: Contracts with governmental entities for goods, materials, services, personal services, public improvements, and public works the same as if the contract was made with private vendors and service providers; and Mutual aid agreements with other governmental entities, provided service within the City is not significantly impacted; and Agreements with other governmental entitles to implement Council polices, for the expenditure or receipt of grant funds, and contracts which are at no or minimal cost to the City. BE IT RESOLVED as follows: Section 1. Findings. a. The above recitals are adopted as findings in support of this resolution. b. The Board s prior findings regarding class exemptions adopted in 2005, attached as Exhibit A, are readopted because the class exemptions from competitive bidding for certain public contracts are being reorganized but retained in exact wording from the 2005 Lake Oswego Public Contract Rules, with one minor modification (see subsection c below). Resolution 16-03 Page 2 of 5
c. As to the modification to add public utility to the existing class exemption from competitive solicitation for public improvement work that is occurring concurrent with privately-funded street work, LOPCR 101-131(2)(b) / 50-131(2)(b) (LO), the Council finds that for the same reasons that public street work being performed concurrently with adjacent private street work by the same contractor was found not likely to encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts, and result in substantial cost savings, the addition of public utility work would similarly not encourage favoritism or substantially diminish competition, and likely result in substantial cost savings. Section 1. Repeal of 2005 Lake Oswego Public Contracting Rules, Sections 101-104; Adoption of the 2016 Lake Oswego Public Contracting Rules, including modifications of the Oregon Attorney General Model Public Contracting Rules as applied to the public contracting procedures for the Lake Oswego Redevelopment Agency. The Board, acting as the Lake Oswego Redevelopment Agency Public Contract Review Board, pursuant to ORS 279A.065, hereby: a. Repeals the 2005 Lake Oswego Public Contract Rules, Sections 101, 102, 103, and 104, effective for all public contracts first advertised, but if not advertised then entered into, on or after August 1, 2016; b. Adopts the 2016 Lake Oswego Public Contract Rules, Divisions 46 (LO), 47 (LO), 48 (LO), 49 (LO) and 50 (LO) attached as Exhibit B, as modifying and supplementing the Oregon Attorney General Model Public Contracting Rules (OAR 137-046, -047, -048, and -049). c. Acknowledges that the Oregon Attorney General Model Public Contracting Rules (OAR 137-046, -047, -048, and -049), shall become effective as the public contracting rules of the City of Lake Oswego on the date stated in subsection (a) above, except as modified and supplemented by the 2016 Lake Oswego Public Contract Rules, Divisions 46 (LO), 47 (LO), 48 (LO), and 49 (LO). Section 3. Delegation of Authority to Award Contracts and Contract Amendments. The Board hereby continues its delegation of authority to the Executive Director, or Executive Director s designee, to award contracts and amendments to contracts, as set forth in the attached LOPCR (see Div. 46-0140 (LO)). Section 4. Intergovernmental Agreements and Grants. The Board hereby continues it delegation of authority to the Executive Director, or Executive Director s designee, to execute the following types of intergovernmental agreements and contracts with other governmental entities: a. Intergovernmental Agreements for the budgeted purchase of materials, supplies, equipment, vehicles, services, personal services, public improvements, and assets, when a Public Contracting Officer would be authorized to award a contract under the LOPCRs Resolution 16-03 Page 3 of 5
and Model Rules to a non-governmental vendor or provider of service, if the contract had been solicited to private vendors and service providers. [This delegation of authority may be reflected in the LOPCR 46-140 (LO) for ease of reference by the Executive Director, however that does not render intergovernmental agreements thereby subject to the requirements of the Oregon Public Contracting Code or the LOPCRs, i.e., grants, including inter-governmental grants, are exempt from the application of the Public Contracting Code by ORS 279A.010(1)(z) and 279A.025(2)(d)]. b. Intergovernmental Agreements for allocation of existing equipment and personnel, such as mutual aid agreements or involvement in dedicated task forces, if such agreement does not significantly impact LORA s ability to provide services within its own boundaries. c. Intergovernmental Agreements implementing Board policy decisions. d. Grant Agreements for which the funds are included in the budget and includes grants where LORA will either donate or receive funds. The Executive Director, or Executive Director s designee may submit applications to receive grants. e. Contracts by which LORA receives materials or services at no or minimal costs, such as Americorp, Work Study, or Job Corps programs. Section 5. Power of LORA Recorder to make editorial changes to City of Lake Oswego Contracting and Purchasing Procedures, when approved by the LORA Counsel. The Board, acting as the Lake Oswego Redevelopment Agency Public Contract Review Board, empowers the LORA Recorder to make certain editorial changes and corrections in the LOPCRs, provided such changes are approved by the LORA Counsel, and further provided that such changes shall not alter the sense, meaning, affect, or substance of any rule or procedure. Said changes and corrections may include the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Numbering and re-numbering sections and parts of sections of rule or procedure, either as enacted or as codified; Changes in the wording of headnotes; Rearrangements of sections; Changes of reference numbers to agree with renumbered chapters, sections and statutes; Substitutions of the proper subsection, section, chapter, or other division numbers; Omission of figures or words which are merely repetitious; Changes of capitalization and punctuation for purposes of uniformity; Correction of manifest clerical or typographical errors; Update changes in references resulting from a change in the statutory number or subsection in the Oregon Revised Statutes or Oregon Admininistrative Rules; Update cited statutory or administrative rule language set forth by footnote. Resolution 16-03 Page 4 of 5
Section 6. This Resolution shall become effective July 5, 2016. Considered and enacted at the regular meeting of the Board of the Lake Oswego Redevelopment Agency on the 5th day of July, 2016. AYES: NOES: EXCUSED: ABSTAIN: ATTEST: Kent Studebaker, LORA Chair Anne-Marie Simpson, LORA Recorder APPROVED AS TO FORM: David D. Powell, LORA Counsel Resolution 16-03 Page 5 of 5