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Home My WebLink About9/15/2004 - STAFF REPORTS (3) DATE: SEPTEMBER 15, 2004 TO: COMMUNITY REDEVELOPMENT AGENCY FROM: DIRECTOR OF COMMUNITY& ECONOMIC DEVELOPMENT AMENDMENT TO COMMUNITY REDEVELOPMENT AGENCY BY-LAWS REGARDING AUTHORIZATION TO EXECUTE AGENCY CONTRACTS AND OTHER AGREEMENTS RECOMMENDATION: It is recommended that the Community Redevelopment Agency of the City of Palm Springs, California ("Agency') amend its By-Laws to adopt contracting procedures similar to those currently in effect for the City of Palm Springs thereby authorizing the Executive Director to enter into Agency-related contracts and agreements not exceeding $25,000 and authorizing the Director of Community & Economic Development to enter into Agency-related contracts and agreements not exceeding $5,000. SUMMARY: Agency By-Laws currently limit the Executive Director's authorization to enter into Agency contracts and agreements without Agency action to those not exceeding $5,000. That policy has been in effect since 1985 and is inconsistent with the City's current contracting policies as adopted bythe City's Procurement Ordinance in 2002, which authorize the City Manager to execute contracts up to $25,000 and certain department heads to execute contracts up to$5,000. The Agency's adoption of the proposed Resolution would bring its contracting procedures in alignment with those of the City and serve to streamline Agency operations in this regard. BACKGROUND: The By-Laws of the Agency were adopted by Agency Resolution No. 1 on September 5, 1972. The By-Laws have been amended since their adoption for a variety of reasons including the modification of the day and time of meetings, clarification of the relationship between City officials and Agency officers, establishment of per diem compensation for Agency Members in accordance with the State Health and Safety Code and authorization for the Executive Director to handle certain administrative matters for the Agency including the authorization to enter into contracts not exceeding $5,000 and acceptance of grant deeds for the Agency. The By-Law Amendment establishing the$5,000 contract authorization for the Executive Director was adopted in September 1985. After an extensive review process, the City Council adopted a Procurement Ordinance in 2002 designed to replace the City's outdated procurement and contracting procedures. Resolution No. 20271 adopted on February 6, 2002 provides authorization for the City Manager to execute contracts and other agreements not exceeding $25,000 on behalf of the City and for certain department heads to execute contracts and other agreements not exceeding $5,000. To date, no action has been taken to reconcile the Agency's more limited contract procedures with the current policies of the City. C The Agency's adoption of the recommended Resolution would bring its contracting procedures in alignment with those of the City and serve to streamline Agency operations in this regard. J HN . RAY �D D' ect r of Comrrfunity& Economic Development APPROVED: Executive Director ATTACHMENTS: 1. Resolution c �� C ® RESOLUTION NO. ' ", J`-,` OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE BY-LAWS OF THE AGENCY REGARDING AUTHORIZATION TO EXECUTE AGENCY CONTRACTS AND OTHER AGREEMENTS WHEREAS the By-Laws of the Community Redevelopment Agency of the City of Palm Springs, California ("Agency')were adopted by Agency Resolution No. 1 on September 25, 1972; and WHEREAS Article IV of said By-Laws states that"These By-Laws may be amended by the unanimous vote of all of the members of the Agency, at any regular or special meeting, without previous notice, or upon a vote of the majority of all the duly appointed and qualified members of the Agency at any regular or special meeting when at least seven days'written notice thereof has been previously given to all of the members of the Agency'; and WHEREAS the Agency's By-Laws were previously amended by Agency Resolutions No. 30 on March 27, 1974, No. 32 on July 10, 1974, No. 47 on May 19, 1976, No. 99 on December 5, 1979, No. 251 on September 17, 1984, No. 357 on September 4, 1985, No. 777 on May 1, 1991, and No. 831 on December 18, 1991; and WHEREAS the first paragraph of Article II, Section 23 of the Agency's By-Laws, as previously amended by Agency Resolution No. 357, states that"The Secretary may be the Executive Director of the Agency, and, as Executive Director,shall have general supervision over the administration of its business and affairs, including but not limited to the authorization to enter into contracts with an amount not to exceed $5,000 and to accept grant deeds for the Agency; and WHEREAS the current Agency authorization under Article 11, Section 23 of the Agency's By- Laws, as previously amended, has become outdated due to organizational and other changes in the City of Palm Springs; and WHEREAS Resolution No. 20271 adopted by the City Council on February 6, 2002, authorizes the City Manager and other City officials to execute documents on behalf of the City including authorizations for the City Manager to enter into various contracts not to exceed $25,000 and to accept grant deeds for the City, and authorizations for certain department heads to enter into various contracts not to exceed $5,000. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California as follows: SECTION 1. Article II, Section 21 of the Agency's By-Laws shall be amended to strike language as indicated below and add language as underlined below, so that Section 21 shall thereby read as follows: "The Chairman shall be the Mayor of the City—4e and shall preside at all meetings of the Agency. Except as otherwise authorized by these By-Laws or resolution of the Agency,the Chairman shall sign all contracts, deeds and other instruments made by the Agency. At each meeting the Chairman shall submit such recommendations and information as he the Chairman may consider proper concerning business, affairs, and politics of the Agency. SECTION 2. The first paragraph of Article II, Section 23 of the Agency's By-Laws shall be amended to strike language as indicated below and add language as underlined below, so that the first paragraph of Section 23 shall thereby read as follows: "The Secretary may be the Executive Director of the Agency, and, as Executive Director, shall have general supervision over the Administration of its business and affairs, including but not limited to the authorization to enter into contracts with an amount not to exceed$&,OW$25,000 and to accept grant deeds for the Agency and to authorize the City's Director of Community and Economic Development to enter into various contracts not to exceed $5,000. The following named Agency officers are authorized to sign on behalf of the Agency, unless otherwise specified by ordinance, the documents herein specified: A. Documents requiring Agencyapproval priorto signing and notof the type covered under Section B below: Type of Document Authorized Signatures (1) Resolution Executive Director (2) Contract-Agreements Executive Director (3) Grant Deed Chairman &Assistant Secretary (4) Escrow Instructions Executive Director (5)Agreement-Concessions Chairman &Assistant Secretary (6) Lease Agreements Executive Director (7) Change Orders over Executive Director $25,000 B. Documents including agreements amendments to agreements and change orders, not requiring specific Agency approval prior to signing, but where expenditure of funds is involved, such authorization is limited to items included in Agency adopted budget, Type of Document Authorized Signatures (1) Documents for public works/improvement (construction) Up to $5,000 Director of Community& Economic Development $5,000 to $25,000 Executive Director (2) Documents for supplies and equipment Up to $5,000 Director of Community& Economic Development $5,000 to $25,000 Executive Director (3) Documents for professional services (i.e. engineering, architect, consultant, legal, etc.) Up to $5,000 Director of Community& Economic Development $5,000 to $25,000 Executive Director (4) Documents for non- professional services Up to $5,000 Director of Community& Economic Development $5,000 to $25,000 Executive Director (5) Documents for use of Agency facilities Executive Director (6) Applications for Federal and/or State Grants Executive Director C. With regards to the documents listed above. the Executive Director or other authorized signatory may delegate the signing authority contained in these By-Laws to the Acting Executive Director or the Acting Director of Community& Economic Development as the case may be, whenever the principal signatory listed is or is to be absent from regular duty in excess of two (2) days, by reason of vacation leave of absence, physical inability, or for whatever other reason, or absent for less than two (2) days when time constraints are of the essence and immediate action is required in the best interests of the Agency. SECTION 3. All documents referred to in Section 2 shall be attested by the Assistant Secretary. SECTION 4. Agreements for rental of Agency facilities for short-term periods, not to exceed one (1) year, and with amounts involving rentals of less than$2,500 annually, maybe authorized by the Executive Director or his designee. ADOPTED this day of 2004. AYES: NOES: ABSENT: ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman REVIEWED &APPROVED