190912

The City of Portland ordains:

Section 1. The Council finds:

1. Pioneer Courthouse Square, Inc. (PCS), through its Board of Trustees, has managed Pioneer Courthouse Square on behalf of the City for approximately 40 years.
    
2. The current Interim Management Agreement will expire on June 30, 2022.
    
3. This new three (3) year Management Agreement:
    
   1. Clarifies responsibilities for contract performance and expectations on deliverables.
   2. Modifies City funding allocations in the amount of $470,000.00 per year in direct payments, plus the retention of site lease and event revenues, in-kind payments, and other funding sources in the amount of approximately $1,580,000 per year. The aggregate value of funding, revenue, in-kind payments, and other sources of funding for the term of this Agreement is approximately $6,150,000.00.
   3. Memorializes a one-time payment to be made to PCS in the amount of $89,641.00 for FY 2021/2022 graffiti, structural repairs and security, authorized through Ordinance 190606, the Fall Supplemental Budget adjustment approved on November 17, 2021.
   4. Establishes a capital reserve fund for site improvements.
   5. Updates other terms and conditions to perform prudent management services on behalf of the City.
       
4. Due to its extensive history and knowledge of the Square, PCS is uniquely qualified to continue managing the Square, in order to carry-out uninterrupted operations, event programming, maintenance, security, advertising, and restroom services.
    
5. Pursuant to City Code 5.68, Professional, Technical and Expert Services Contracts, if services or expertise required for a project are only available from a sole source, or justifiably available from only one contractor, then the Chief Procurement Officer may authorize selection of a contractor without following the prescribed competitive contracting requirements. This sole source contract is being acquired as an exception to the competitive selection process identified in PCC 5.68 and the PTE Manual. A public notice was posted, and no protests were received.

NOW, THEREFORE, the Council directs:

1. The Director of Portland Parks and Recreation, or designee, is authorized to execute a Management Agreement and any amendments with Pioneer Courthouse Square, Inc., upon terms and conditions in substantial conformance with this Ordinance, and upon approved as to form by the City Attorney.

Section 2.  The Council declares that an emergency exists because a delay will cause interrupted services, management, and programming of Pioneer Courthouse Square, negatively effecting downtown businesses, community and visitors to the City; therefore, this Ordinance shall be in force and effect from and after its passage by Council.