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PROCUREMENT OFFICER (IN BUDGET) �Roe�ucen.a✓tre�'c.el�, as ) f a Agawam tt Office of the Mayor' 36 Main Street,Agawam, MA 01001 mayor@agawam.ma.us Richard A Gahm Tel: 413-78&4S20 Mayor Fax:413-786-9927 18 May 2015 Dear Council: I am providing you with this additional back-up information for the delegation n of a Procurement Officer for the Town of Agawam. Per your suggestion, I have included funding for compensation of these additional duties and responsibilities to the position occupied by the only M.C. .P.O. certified Town employee- I have reached an agreement with the relevant Union along with an agreed amount of compensation as referenced in the attached Memorandum of Understanding. Sincerely, 4ztll 44 Richard A.Cohen Mayor a MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE TOWN OF AGAWAM AND THE AGAWAM ADMINISTRATIVE ASSOCIATION The Town of Agawam (hereinafter referred to as "Town") and the Agawam Administrative Association (hereinafter referred to as"Association")hereby agree to the following terms, conditions, and understandings. 1. The Town and Association are parties to a collective bargaining agreement, 1 The Town will designate an existing M,C.C.P.O. certified town employee to perform the function of Chief Procurement Officer to be effective July 1, 2015. 1 The Town and Association agree that the function of Chief Procurement Officer shall be covered by the parties' collective bargaining agreement. 4. The hourly rate while performing the function of Chief Procurement Officer shall be based upon the Tier IV, Step I annual salary, which is currently $52,971. S. The Community Preservation Act Administrator position shall be included in the bargaining unit effective July 1, 2015. ' 6. This Memorandum of Understanding is not precedent setting for any same or similar circumstance in the future. 7. There are no other agreements, either verbal or written,between the parties to this Memorandum of Understanding, FOR THE TOWN OF AGAWAM FOR THE AGAWAM ADMINISTRATIVE ASSOCIATION Richard Cohen, Mayor Christopher . Golba, Vice President S Dated: Dated: April 21, 201 To Agawam City Council From.Councilor James Cichetti Re; Procurement Officer Position The Legislative Committee, after much discussion concerning this position and as suggested by Councilor Robert Rossi and other councilors,have determined that the item should be funded in the fiscal 2015 2016 budget by the Mayor. The Council should consider this submission during budget deliberations. While the Council cannot create a position via the budget the council can provide funding, This funding would allow the Mayor to designate an employee to perform the functions of a Procurement Officer and provide for the necessary funds to conduct negotiations with the appropriate bargaining unit for the additional responsibilities the individual would perform. 'Therefore,as the Chair of the Committee l' desire to remove TOR-2015-5 from the agenda and would like to see the Mayor include funding in the; proposed FY 16 budget, CHAPTER 2 Supply and Service Contracts: Getting Started Chapter 30B establishes general procedures you must follow when awarding supply and service contracts, Your own local jurisdiction is responsible for developing the details of its own purchasing system by deciding, for example, what forms must be Loddl rules may dictate more. rigbrous 44F 7 used, who has to approve purchases, and exempt conifiew For .e' amplek,,,if,-Iyo'ur who may make purchases. Also, your local req'o­W'4 fbrmaI'a�I --vdrt1sed de'M' on on, w bylas or ordinances may establish Petri co*(fts over $iO' A'00', You must comply additional rules governing purchasing that tenth the local-rule If you have any,questions abodt,-th'0�.ex1stqnq-- or..ap' you must follow even where they are more rules,' ,qon ac t t� your-.Grief., stringent than Chapter-30B. This chapter 'Ci gal 16 n".:. , ,cqt� - briefly considers topics relating to your local organization and then examines some first steps to take in preparing for a procurement of supplies or services under Chapter 30B. Chief Procurement Officer A local jurisdiction that wishes to use Chapter 3013's request for proposals process to procure supplies or services must appoint a Chief Procurement Officer (CPO) to oversee the procurement of all supplies and services. The CPO is responsible for all activities related to buying, leasing, renting or otherwise acquiring supplies and services for all departments regardless of the contract value.28 This responsibility includes overseeing the solicitation; evaluating quotes, bids and proposals, and awarding contracts. The CPO ensures that the local jurisdiction's contracting practices are carried out in accordance with state law and local requirements, Centralization of purchasing under a CPO can result in greater efficiency, improved quality of supplies and services, and cost savings. "' M.G.L. c. 30B, § 2. 29 Note, however, that the CPO may not have legal authority to exercise other powers, such as final approval of budgets or contracts, that may be vested by statute or local rules in other officials, 11 t- UU11q 2. TE-2015=4 Election of a member of the Community Preservation Act Committee to a term expiring April 30,2018 The name of Raymond Moreau was placed into nomination by Councilor Bitzas and seconded by Councilor 'Mineo' No other name was nominated. Councilor Rheault moved, to close nominations which was seconded by Councilor Rossi. The vote was 9 YES,0 NO, 2 ABSENT(Councilors Calabrese and Letellier) for Raymond' Moreau. Council President Johnson also thanked him for his continued service to the town'. Item 9. Public Hearings None. Item 10. Old Business 1. TOR-2015-4 An Ordinance to Amend the Code of the Town of Agawam by adding Chapter 178 Fingerprint-based Criminal Record Background Checks' (Mayor)(2 of 2;readings)(Tabled 4/6115)(Referred to Legislative Committee) Motion to remove the item from the table made by Councilor Cavallo and seconded by Councilor Cichetti. Councilor Cichetti provided an updated report from the Legislative Committee stating the Police Chief Gillis further explained the difference between CORI checks and fingerprint checks widi respect to the National Database. 'Motion to approve the second and final reading of this item was made by Councilor Rossi and seconded by Councilors Cichetti and Cavallo. Discussion began with Councilor Rossi questioning the fee portion of this ordinance believing $100 is way too high and should be reduced. Vendors need to be re-fingerprinted every year because prints are not retained if there are no findings. Councilor Rossi made the Motion to reduce the fee to$75 ($35 for the fingerprint fee and $45 for the General Reserve)and seconded by Councilor Rheault. The vote was 9 YES,0 NO,2 ABSENT(Councilors Calabrese and Letellier)passing the amended(six votes were required). Council'President stated that this item was placed on the Agenda without supporting documentation. It shouldn't be up to the City Council to have to pull information out of the Administration. Motion to approve the second and final reading as amended was approved with a vote of 9 YES, 0 NO,2 ABSENT(Councilors Calabrese and Letellier)(eight votes were required) 2; TOR-2015-5 An Ordinance creating the position of Chief Procurement Officer as required by Massachusetts General Law (Counciloms Cichetti, Suffriti, Mineo, Bitzas and Cavallo)(l of 2.Readings)(Referred to Legislative Committee) Motion to approve was made by Councilor Bitzas and seconded by Councilor Cichetti. Councilor Cichetti as Chair provided a Legislative Committee report stating that his committee would like to see this position do both the town and school side of the procurement;and he personally placed this on the Agenda because he was trying to work with the Administration to do what's best for the town. The Legislative Committee gave no recommendation on the item. Discussion started with Councilor Rossi stating the draft was weak and extremely vague and hoped for more details on the guidelines to follow. He was not opposed per se to this position but the administration must get their ducks in a row first. Councilor Bitzas and Councilor Rheault said they'd like to see the Mayor put it in the budget instead. Councilor Cichetti stated he was just trying to move; things forward. He read the following letter into record; 3 The Legislative Committee,after much discussion concerning this position and as suggested by Councilor Robert Rossi and other councilors,have determined that the item should be funded in the fiscal 2015- 2016 budget by the Mayor, The Council should consider this submission during budget deliberations. While the Council cannot create a position via the budget the council can provide funding. This funding would allow the Mayor to designate an employee to perform the functions of a Procurement Officer and provide for the necessary funds to conduct negotiations with the appropriate bargaining unit for the additional responsibilities the individual would perform. Therefore,as the Chair of the Committee I desire to remove TOR-2015-5 from the agenda and would like to see the Mayor include funding in the proposed FY 16 budget. Motion to remove the item from the Agenda was made by Councilor Cichetti. He then withdrew his motion so other councilors could speak. Councilor Rossi stated he has no problem with them creating this position. Councilor Mineo, as a sponsor, thought it was a good idea and most cities and towns have a procurement officer, Councilor Cavallo said it was unfortunate that this discussion has gone on far too long and just put It in the budget. Council President Johnson stepped from the Chair to say he thought it was a waste of time. If the Mayor wanted it, it should go to the unions, set a salary and then come to the Council with a proposal. CPO only deals with contracts $25,000 and up and there aren't many to his knowledge. If there isn't a CPO in town, it is because the Mayor has not designated one. When Chris was mayor, he designated himself so the town was in compliance. If they want this position, then the Mayor should get the information and make his case. Councilor Rhexult asked why would we go forward with this, The Department Heads are paid very well and should be doing this themselves. If the Mayor wants this then he should have sponsored it himself. He fw1s, it's a big waste of money and is building a bureaucracy. Councilor Bit thanked Councilor Cichetti for doing all of the work on this item. He would second his Motion to withdraw and also mentioned that there is probably a lot of money in the town that was lost because we do not have this position, Motion to withdraw the it made by Councilor Cichetti and seconded by Councilor Bitzas, The vote was 6 YES (Councilors Biwas, Cavallo, Cichetti, Minco, Perry and SulTriti), 3 NO (Councilors Johnson, Rheault and Rossi) and 2 ABSENT (Councilors Calabrese and Utelfier). The item was withdrawn. Item If. Nov Business 1. TO-2015-16 - Budgetary Transfer from Building Maintenance Regular Permanent(#11921-5 10 10)of$10,900.00 to BuildingMaintenance Overtime(#1 192t-51030) for additional funds to cover unanticipated shortage due to two unfilled positions.(Mayor) Next Agenda; referred to Finance Committee. 2. TO-2015- 17 - An Order granting or renewing an Autornatic Amusement PERMIT for Six Flags New England, 1623 Main Street,Agawam,MA. (Clerk) Next Agenda; referred to Administrative Committee. 3. TO-2015-18 - Budgetary Transfer of$30,000.00 from Police Regular Permanent Account(#12101-51010) to Police Overtime Account(#1210151030)(Mayor) Next Agenda-,referred to Finance Committee. 4. TO-2015-19 - Budgetary Transfer of$30,000.00 from Police Court Time Account (#1210151080)to Police Overtime Account(#12101-51030)(Mayor) Next Agenda; referred to Finance Committee. 4 CRCAC AT'0"1 AND 1111�11 COINCII M11T11 go 5 (C�_�on t 6 T�R 6 ROLL CALL - 11 YES. President Brindle - 11 yes , no nay's you have passed TR-90-56. item 6.2 TR-90-57-Resolution-Pursuant to Massachusetts General Laws, Chapter 308, Section; 12(b) Authorizing the Chief Procurement Officer to Solicit and Award any and all ipee. Contracts for Any Term Not to exceed Five (5) Years (Mayor) . ray President Brindle What is the council 's pleasure? is Councilor Bitzas Move to accept it. tul d President Brindle Moved to accept by Councilor Bitzas. Do I hear a second? Seconded by Councilor Dziardziel . Any discussion? Counc i'or &a Mr. Chairman, you alluded to the fact that we did receive an opinion icitor fmp the so icitor and again I am a little disappointed. Yes, we did in fact receive the opinion. However, its very vague, its not precise enough for me to vote in favor of this resolution tonight. In response to my inquiry about who the procurement officer was in fact the solicitor responded by in paragraph 2 under the laws of the Commonwealth of Massa- cbusetts, the mayor is designated as the chief procurement officer of the Town of Agawam. If you have any further questions,. please contact me before the meeting at my office. I q don't like to bother the solicitor at his private office. My job is such that I cannot get in touch with trim at all times and I think that in his opinion he should cite the general laws by Chapter and Sections as well . Because this is a fairly new situation, well its been se in on the books for a long time but its been dressed up and I just want to know, looking at some of the citations, all I have been able to find out is that the chief procurement pfficer could be a purchasing agent. I don't know whether we have anything on file that is ndicative of the fact that out mayor is the purchasing agent or not and therefore I would like to hoid off action on this. Not only for that reason but I think when we are going along, with the extension going from a three year contract to extending it to five years, ( think looking at the economy the way it is, it could come back and haunt us a little bit ItAink. I think that 3 years is enough. Because we had a couple of situations here, well t+e pumping station, I won't forget. I suggested that may be we ought to reject all of our were bids and readvertise because of the slowness of the working situation with the labor forces ked in the Commonwealth and I thought may be if we reject it we probably would have gotten a I lower bid and by the same token I think if we go shut ourselves into a five year contract hat w4th no reversion clause I think we might end up on the short end of the stick at some time. her Mat's all I have to say and I would hope the council choses to at least table this until we get something precise, you know under what general laws or what section of the charter makes the mayor the procurement officer. Thank you. Councilor Ennis Mr. Chairman, through the chair to Councilor Caba. Is that a motion? Councilor Gaga Yes it is. ands ! Councilor Ennis A tabling motion? Councilor Caba, Yes. Councilor Ennis Second. President Brindle - Motion made to table TR-90-57 by Councilor Cab a, seconded by iCouncilor Ennis. Any discussion? Hearing no discussion will the clerk call the roll please On the tabling motion. ROLL CALL - 6 YES, 5 NO (Coon. Bitzas, Brindle, Dziardziel , Fuller, Willis). A . TOWN OF AGAWAM `4 Tel. 41 -r -04 E TO EDWARD A . CABA, COUNCILLOR; FROM LAW DEPARTMENT RE . PROCUREMENT OFFICER DATE JANUARY 17 , 1991 Massachusetts General Law, c . 30B , s . 2 defines the "Chief' Procurement Officer" as follows "Chief Procurement Officer" . the purchasing agent appointed pursuant to section one hundred and three of chapter forty-one, or as to any city or town which has not accepted said section. an individual duly appointed in a city having a city manager, by the city manager, in a town having a town manager, by the torn manager, in any other town, by the selectmen, or in any cit.y or town otherwise providing by charter or local k -law for the appointment of a chief Rrocurement officer, in accordance with such charter or local by-law, to procure all -supplies and. services for the city or town and every governmental body thereof; an individual duty appointed in a district by the prudential committee, if any, otherwise the commissioners to procure all supplies and services for the district: an individual duly appointed in a regional school district by the regional school district committee to procure all supplies and services for the regional school district, an individual duly appointed in a county having a county executive , by the county executive, or in any other county, by the commission, to procure all supplies and services for the county and every governmental body thereof. " A review of the state statute accepted or adopted by Agawam does not indicate that Agawam accepted MGL, c. 41, s. 103, which such acceptance would have established a purchasing department with a purchasing agent. since Agawam does not have a purchasing agent as set forth in c. 41 s. 103 one must look to the Charter for the appointment or designation of a chief procurement officer. The Charter, as amended, Section -2 states that "The executive powers of the town shall be vested solely in the Mayor, and may be exercised by him either personally or through the several, town agencies under ;his general supervision and control . " Edward A. Caba , Councillor January 17 , 1991 Page Two The Mayor is vested with the executive: and administrative affairs of the town . The executive or administrative affairs of the town include the procurement and purchasing of all supplies and services for the City of Agawam. Respectfully submitted-, S . Locke Solicitor CC; City Council Mayor L "'m Chief Procurement Officer's Delegation of Procurement Powers and Duties (Type or print legibly) Original Delegation Amendment Revocation . Pursuant to the provisions of'M.G.L. c. 30B, § 19, I rC466 (print full narne) am the CPO for and hereby delegate the ruction) procurement powers and duties set forth below to Job Title/Position: _ C-21A. Department: 60-07owme A 6`.s&" '(41 Current Employee; Employee Email: 1`461ON IL141 E hereby delegate the following M.G.L.c.308 powers and duties to the procurements specified herein solicit Open Evaluate Award Reject Cancel Exercise options; ® Increase quantities Maintain records D All of the above Other(specify in an attachment) 4. This delegation pertains to procurements: for the following department(s) ✓ Z [� for the following contract(s): Bather(specify in an attachment); Pagel I CPO Delegation Form (May 2 1 ) Section 4 (Continued) This delegation pertains to procurements involving; Supplies services Statute M.G.L.c, 306,§4(c)(sound business practices;) M.G.L.c, 30B, §4(a) (price quotations) M.G.L.c.30B,§S using bids M.G.L.c. 30B,§ 6 using proposals Emergencies Other(specify in attachment) 5. This delegation is conditioned upon compliance with M.G.L. c. 3013, all applicable statutes, rubs, regulations, charters, ordinances or bylaws, and subject to the following additional requirements; Final approval of award b°Chief ProcurementOffic Approval of all documents by Chief Procurement Officer prior to issuance Designation as a Massachusetts Certified Public Purchasing Official (MCPPO): Designation as an MCPPO for Supplies and Services 0 Designation as an MCPPO for Design and Construction ED Other Designation Certification(specify in attachment) Completion of the following MCPPO course(s): Public Contracting Overview Bidding Basics&;Contract Administration Q Supplies and Services Contracting Bidding for Better Results F) Design&Construction Contracting Model IFB Course ❑, Construction Management at Risk 0 Advanced Topics Update Other' (specify in an attachment)' } Other requirements(specify in an attachment) Page k2 CPO Delegation Farm (May 2015) b. The CPO delegation is valid for the current employee only. The CPO Dele ation is for a. limited, onetime procurement.The delegation shall expire on: (expiration date 7. 1 certify, under wins and penalties of perjury, that the above information is true and that I am the Chief Procurement Officer of: 6&jL6M MAZAC " JF turisdiction) Signed: hate, / ! &57 Name: Af Jul �"lq ? r Title (CPO)- Department: � department, Office Address A / /" 7 EC ' Office Address (2), A GA W d M PIMA Zip Code. C , 0 6 Office Telephone: y1a - PZA A CPC Email; CPO has MCPPO Resignation or Certification. D4 yes No g. Send a copy of this form to Office of the Inspector General Attention. CPO Delegation One Ashburton Place, Boom 111 Boston, MA 0 1 g-151 No delegation,amendment or revocation shall take effect until a copy of the form is received by the Office of the Inspector General. Page 13 CPO Delegation Form (May 2015 T1 ly CollilllollWealtl) of 1t1�6dr1)ll6ett5 ff re of On Inspector Otneral John W. tulcormat«It State Office Building One Ashburton place Room 1311 GLENN A.CUNHA Boston, MA 02106 Tel° (617)727.9140 INSPECTOR GENERAL Fax: (617)723- 334 September 23, 2014 Dear Ms.:Bonfi lio: 1 am pleased to inform you that you have successfully completed the Public Contracting Overview seminar presented on September 9-11, 2014, Boston, AM, in the Massachusetts Certified Public Purchasing Official (M PP program. Enclosed is your certificate. The M PPO program has been designed to promote • cost-effective, ethical, and modem purchasing practices; 4 dialogue and exchange of ideas and best practices among procurement officials; a stewardship of resources in the,pubfies interest;and • compliance with Massachusetts contracting laws. Your participation in the program and success in meeting the requirements for certification demonstrate your commitment to these objectives. The MCPPCI seminars have been designed to meet national standards of recognition. Ile program is registered with the National Association of State Boards of Accountancy as a,sponsor of continuing professional education to offer CPI- credit. In addition, school business officials can qualify for P°ro&ssional Development Points required under the state's Education Reform Act. As noted on your certificate, you have earned 20 CPE credits and have qualified for 20 PDPs by completing the Public Contracting Overview seminar. If you have taken*this course for re-certification credits or as a refresher,you have earned 17 CPE credit_and have qualified for 17 PDPs As you know, if you successfully complete an additional specialized certification seminar, you may apply for an MCPP4 designation; Congratulations on your achievement! 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John it Se My toe A0DWWn man ROOM y"w = it a Ape McEntee Err�,arnet--, Dr, k @�;,;..r a aa. you ma`a .,",'nmj your a erbficaaak, of a:.''a.,aaan tli a.for .�� ¢'t � � �-�' Ea ia.,, v,.t� 3 }tsC d �tfa�t pr1 au@�` oXa ?">w� c ata �:r as asf..av" ' s Office, J CQ s maC ar r; : s a u, c t d 4a set � b# Y 2 & ` 2,014 We rh kph that y ,,", Class e(IzK tional, Miormiative, and that you e<° ? {,,,,,d the open f a that t s: class was i�'sa"�`a �x&.,i� s� If you �r �s4�':any thoughts on, lhe� new class deas fx,»`;$" fd..itur,;. �'� ' `t€ ate' "t� 3,as.� a s's 4.ua Hsu.§�' � so3sva t,*1 ft d8,.) ;.ss3ent s that c x,ild e usea in, a futu"re CF10 class m, please ',�,,es2 free no contacl "s a,t them along May (» YOU U owuh Atto be a sa a tea C':i,ssiept,sl? if s;k r4'(.saaase let if z a $i to to »'s..s asn ab a.. as a ° s`,a, sat.; r-sw a s a,t% ss"" s s sa..,s'e s ss a aa' ` ;t vs lY s a,., t r €c t � s$ s ash e s F saes @'C`�' for a e ding the t ; � a nv a a s ¢ r k m isi is ( reflevks asp s a t ' a a &0 10 ps`S 'aka e ; E , 9 r s va � U as �s #as�t Sat ors g a �, nrsppina "`itttasas� . time, a°�`i 1„v"` departed q, »fi ,.a,"`$ s� y �a s �'` s snap Man sage a sner ,ko as end t "sae k� a s.a as,aa from a i mC `p r'n,venals x ,�a y>,u rn asp aatte t a the,�Oskb PP a' �. �,a aa. aaE�l�, ,�a $,}�`s'as.»a.� �tv�"a..,..,,,,.ta�,at 4a k,"d,i can be of wiy a sz a a � s 'n '»"s,. 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"n order o cwo 3c.e t ; 3an,' is to t Of this, approximately � ris t ��y� 4 , a ,. . the Water tt,`,,��yy e�Laod�.n,P C, k&t:� E„'+5., + ... dxk4lb.i`0.uM1��..�.� �a� a,3S< i. � and L,L�A,.3$�.9�L1.:A�..r DivK_Y1i.is 4q4: k,'2 .,"0()t0 ,`e.jch)since the mx'1jo€'[ty of tiitt''rnajor;PLUch;'sses involv(,'� those two divisioto It is ,'t(aai dp a3:E.d that the Pip�,.c,�sff u��as�'`da E. dsffi app spend * t 3 s s Officer�,: maz,� „s> t.. t� ".a�..y.I�._�aa..,aff�a.,�`ar 7256 of her We (25 Wa`s" "�,s`.'=d..', t,rt..°4..'s...` an a>=aa.?s urti;;smerY: The rwnander of her We 11 0:War Was a„pdi %w ek) a''s'`H remain st s..inh,`'d.sd y'ais= the *...s�,?aa'p7unity` epee', w',ithon .a'.s'srn aw, alas,",` Tims Gk'' aFwaat; fu'3 f..H 2 s..r,,;"03a Of the a..;P0 Ux"xl'l not aaxa,ei.'i„'s e 1 of it id and should b4' `yiei§ b3sssa`1`at that, afnaunt,