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Staff Report with Attachements PREPARED BY: Janette Judd Executive Assistant to the Town Manager and Town Council Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Interim Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/02/2022 ITEM NO: 10 DATE: July 22, 2022 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Adopt a Resolution to Rescind Resolution 2019-033 and Replace It for Consistency with Town Council Policy 04-06: Purchasing Policy, and Accept Report on Town Manager Approved Actions During the 2022 Town Council Legislative Recess RECOMMENDATION: Adopt a Resolution (Attachment 2) to rescind Resolution 2019-033 and replace it for consistency with Town Council Policy 04-06: Purchasing Policy, and accept this report on the Town Manager approved action taken during the 2022 Town Council legislative recess. BACKGROUND: On June 20, 2019, the Town Council adopted Resolution 2019-033 (Attachment 1) authorizing the Town Manager to execute the following duties during periods of official Town Council legislative recess in consultation with the Mayor: 1. Approval of plans and specifications for capital projects and authorization to advertise for bids. 2. Award of construction contracts and construction contract change orders in excess of the amount included in the contingency. 3. Execution of agreements and amendments to agreements in excess of $50,000 that ordinarily require Town Council approval. PAGE 2 OF 3 SUBJECT: Accept Report on Town Manager Approved Actions During the Town Council Legislative Recess DATE: July 22, 2022 BACKGROUND (continued): On November 16, 2021, the Town Council adopted Town Council Policy 04-06: Purchasing Policy. Among other items, the Policy increased the Department Director purchase authority up to the amount of $50,000 and the Town Manager’s authority up to $100,000. The Purchasing Policy is available on the Town website: https://www.losgatosca.gov/DocumentCenter/View/29648/4-06-Purchasing-Policy-11-16-21 Resolution 2019-033 does not align with the Town’s current Purchasing Policy and staff is recommending its recission. A draft replacement Resolution (Attachment 2) is consistent with the Purchasing Policy and authorizes the Town Manager to execute the following duties during periods of official Town Council legislative recess in consultation with the Mayor and for purchase amounts over $100,000: 1. Approval of plans and specifications for capital projects and authorization to advertise for bids. 2. Award of construction contracts and construction contract change orders in excess of the amount included in the contingency. 3. Execution of agreements and amendments to agreements in excess of $100,000 that ordinarily require Town Council approval. The Town Council took an official legislative recess from June 22, 2022 to August 1, 2022. During this recess, and pursuant to authority granted by the Town Council consistent with the Town’s Purchasing Policy, the Town Manager executed one action in consultation with the Mayor: • Agreement with Foothill Mechanical Inc. for HVAC System at the Adult Recreation Center Services/Purchase (Parks and Public Works Department Memorandum, Attachment 3) The Town Manager determined that immediate action on the above item was necessary due to lengthy lead times for equipment and delivery and in order to maintain critical services to the occupants and patrons of the facility. The above item has already been approved by the Town Manager and Mayor, and Council members may request additional information or provide additional direction regarding these items. CONCLUSION: Staff recommends that the Town Council rescind and replace Resolution 2019-033, consistent with the Town’s Purchasing Policy adopted November 16, 2021. PAGE 3 OF 3 SUBJECT: Accept Report on Town Manager Approved Actions During the Town Council Legislative Recess DATE: July 22, 2022 CONCLUSION (continued): Staff also recommends that the Town Council accept this report on the Town Manager approved action taken during the 2022 Town Council legislative recess, as authorized by the Town Council and in consultation with the Mayor. Attachments: 1. Resolution 2019-033 2. Draft Resolution 2022-xxx 3. Parks and Public Works Department Memorandum, Foothill Mechanical Inc. Agreement This Page Intentionally Left Blank RESOLUTION 2019 -033 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FOLLOWING DUTIES DURING PERIODS OF OFFICIAL TOWN COUNCIL RECESS, IN CONSULTATION WITH THE MAYOR: APPROVAL OF PLANS AND SPECIFICATIONS FOR CAPITAL PROJECTS AND AUTHORIZATION TO ADVERTISE FOR BIDS; AWARD OF CONSTRUCTION CONTRACTS AND CONSTRUCTION CONTRACT CHANGE ORDERS IN EXCESS OF THE AMOUNT INCLUDED IN THE CONTINGENCY; EXECUTION OF AGREEMENTS IN EXCESS OF $50,000 THAT ORDINARILY REQUIRE TOWN COUNCIL APPROVAL. WHEREAS, the Town Council is taking an official legislative recess from June 19, 2019 to August 6, 2019; and WHEREAS, the Town Council may take official legislative recesses in the future; and WHEREAS, it is possible that issues may arise during official Town Council recesses that would normally require Town Council approval; and WHEREAS, in order to avoid the possibility of critical scheduling delays or increased expenses resulting from delays during the official Town Council recess, the Town Manager should be authorized during official Town Council recesses to take certain actions, in consultation with the Mayor. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, that the Town Manager is authorized, in consultation with the Mayor, during periods of official Town Council recesses, to: 1) Approve plans and specifications for capital projects and authorize staff to advertise for bids; 2) Award construction contracts and construction contract change orders in excess of the amount included in the contingency; and 3) Execute agreements and amendments to agreements in excess of $50,000 that ordinarily require Town Council approval. 1of2 Resolution 2019 -033 June 18, 2019 ATTACHMENT 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 181h day of June, 2019 by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis NAYS: None ABSENT: None ABSTAIN: None MAYOR OF THE TOWN OF LOS LOS GATOS„ CALIF04NIA DATE: ATTEST: O TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS; CALIFORNIA DATE: _gyp* L `i 2of2 Resolution 2019 -033 June 18, 2019 1 of 2 Resolution 2022-xxx August 2, 2022 ATTACHMENT 2 RESOLUTION 2022-xxx RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FOLLOWING DUTIES DURING PERIODS OF OFFICIAL TOWN COUNCIL RECESS, IN CONSULTATION WITH THE MAYOR: APPROVAL OF PLANS AND SPECIFICATIONS FOR CAPITAL PROJECTS AND AUTHORIZATION TO ADVERTISE FOR BIDS; AWARD OF CONSTRUCTION CONTRACTS AND CONSTRUCTION CONTRACT CHANGE ORDERS IN EXCESS OF THE AMOUNT INCLUDED IN THE CONTINGENCY; EXECUTION OF AGREEMENTS IN EXCESS OF $100,000 THAT ORDINARILY REQUIRE TOWN COUNCIL APPROVAL; AND RESCIND RESOLUTION 2019-033 WHEREAS, the Town Council takes an official legislative recess annually following its second regular meeting each June; and WHEREAS, it is possible that issues may arise during official Town Council recesses that would normally require Town Council approval; and WHEREAS, in order to avoid the possibility of critical scheduling delays or increased expenses resulting from delays during the official Town Council recess, the Town Manager should be authorized during official Town Council recesses to take certain actions, in consultation with the Mayor. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, that the Town Manager is authorized, in consultation with the Mayor, during periods of official Town Council recesses, to: 1) Approve plans and specifications for capital projects and authorize staff to advertise for bids; 2) Award construction contracts and construction contract change orders in excess of the amount included in the contingency; and 3) Execute agreements and amendments to agreements in excess of $100,000 that ordinarily require Town Council approval; and 4) Rescind Resolution 2019-033 which is hereby replaced by this Resolution. 2 of 2 Resolution 2022-xxx August 2, 2022 ATTACHMENT 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of August, 2022 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTACHMENT 3