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HomeMy WebLinkAboutAdmin Order 44-24-02 -- Delegating Authority to Administer Public Contracting RulesAdministrative Order - Page 1 of 3 ADMINISTRATIVE ORDER NO. 44-24-02 of the City Manager of the City of Eugene DELEGATING AUTHORITY FOR ADMINISTRATION OF THE CITY OF EUGENE’S PUBLIC CONTRACT ADMINISTRATIVE RULES AND REPEALING ADMINISTRATIVE ORDER NO. 44-05-05. The City Manager of the City of Eugene finds that: A. Section 16(2) of the Eugene Charter of 2002 authorizes the City Manager to make purchases and act as the business agent for the City Council in connection with the sale of real estate and other business and commercial transactions. Pursuant to that authority, the City Manager issued Administrative Order No. 21-23-06 delegating contract signing authority as set forth therein. B. In addition to the above Charter authority, Section 2.019 of the Eugene Code, 1971 (“EC” or “Code”) authorizes the City Manager to adopt rules for administration of provisions of that Code and EC 2.1400 through 2.1451 establish the City of Eugene Public Contracting Regulations (the “Regulations”), which specifically authorize the City Manager or designee to adopt rules for the implementation of those regulations. Pursuant to that authority, on March 7, 2005, Administrative Order No. 44-05-04 was issued adopting Temporary City of Eugene Public Contracting Rules (“the Rules”), which were subsequently made permanent and have been amended several times, most recently by Administrative Order No. 44-23-01-F. C. On June 29, 2005, Administrative Order No. 44-05-05 was issued delegating partial authority for administration of the Rules. Considering the amendments to the Rules adopted by Administrative Order No. 44-23-01-F, the authority partially delegated by Administrative Order No. 44-05-05 should be amended to: (1) provide for uniform and consistent administration of the Rules, (2) minimize the time and attention required of the City Manager with respect to routine administration of the Rules, and (3) clearly define areas of responsibility with regard to the administration of the Rules. Based on the above, the City Manager of the City of Eugene orders that: 1. Purchasing Agent. All duties, responsibilities, and authority of the Purchasing Agent under the City of Eugene Public Contracting Regulations and Rules not specifically reserved to myself as the City Manager are hereby delegated to the Manager of the Purchasing Section of the Finance Division. 2. Solicitation Agent. The duties, responsibilities, and authority of the Solicitation Agent in City of Eugene Public Contracting Regulations and Rules are hereby delegated as follows: a. Central Services. To the Division Manager of the Central Services Department Facility Management Division, the authority to act as the Solicitation Agent for contracts originating in the Facility Management Division. Administrative Order - Page 2 of 3 b. Public Works Department. To the Executive Director of the Public Works Department the authority to act as the Solicitation Agent for public improvement contracts originating in the Engineering Division, and public improvement contracts originated by the Eugene Airport, and all contracts originating in the Wastewater Division. c. Library, Recreation, & Cultural Services (LRCS). To the Executive Director of LRCS the authority to act as the Solicitation Agent for performance and entertainment contracts. d. Purchasing Section of Central Services. To the Purchasing Analyst(s) of the Purchasing Section of the Department of Central Services, the authority to: (1) Act as the Solicitation Agent for all public contracts of every type for which no other Solicitation Agent delegation is made in the Order. (2) Act as the Solicitation Agent for all public contracts for the disposal of personal property for which no other Solicitation Agent is authorized. (3) Exercise any other contracting power of the City or to make any other determination under the City of Eugene Public Contracting Rules with respect to a particular solicitation, that is not expressly assigned as the duty of the Solicitation Agent or reserved for the Purchasing Agent or to the City Manager under City of Eugene Public Contracting Rules or this Order. e. The above delegations of Solicitation Agent authority specifically include the authority to delegate in whole or part, any of the described authority and duties by Administrative Order, which shall be filed with the City Recorder. 3. Except as expressly set forth above, the delegations of authority provided for herein specifically exclude the authority under the Rules to: a. Adopt and amend the City’s contracting Rules, as provided in City of Eugene Code 2.1415; and b. Make written declarations of Emergency and notify the City Council of Emergencies, as provided in City of Eugene Public Contracting Rule 137-047- 0280, which are specifically reserved to myself as City Manager and the City’s Purchasing Agent. In addition, nothing contained herein shall be construed to in any way limit or impair my authority to perform any of my duties under the Rules as City Manager, Purchasing Agent, or Solicitation Agent, whether delegated herein or not. Administrative Order - Page 3 of 3 4. Administrative Order No. 44-05-05 is repealed as of the effective date of this Order. 5. Notwithstanding the repeal of Administration Order No. 44-05-05, all actions taken pursuant to that Order, including sub-delegations of authority, are ratified and affirmed. NO NO Dated and effective this 23rd day of April, 2024. Sarah Medary City Manager Signature: Email: nobringer@eugene-or.gov Signature: Email: TMiller@eugene-or.gov