HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/04/2020 - SECOND READING OF ORDINANCE NO. 017, 2020, AMENDINAgenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY February 4, 2020
City Council
STAFF
Gerry Paul, Director of Purchasing & Risk Management
Mike Beckstead, Chief Financial Officer
Ryan Malarky, Legal
SUBJECT
Second Reading of Ordinance No. 017, 2020, Amending Article IV of Chapter 8 of the Code of the City of Fort
Collins Relating to the City's Purchasing and Contracting Procedures and Requirements.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on January 21, 2020 adopts revisions to the
purchasing and contracting provisions of the City Code. These changes include:
• Updated language, definitions, descriptions, and processes
• Updated timing of public disclosures
• Update thresholds of authority - minor purchases
• Excluded select contract types for the five (5) year term limit.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading of Agenda Item Summary, January 21, 2020 (w/o attachments) (PDF)
2. Ordinance No. 017, 2020 (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY January 21, 2020
City Council
STAFF
Gerry Paul, Director of Purchasing & Risk Management
Mike Beckstead, Chief Financial Officer
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 017, 2020, Amending Article IV of Chapter 8 of the Code of the City of Fort
Collins Relating to the City's Purchasing and Contracting Procedures and Requirements.
EXECUTIVE SUMMARY
The purpose of this item is for City Council to adopt revisions to the Purchasing and Contracting provisions of
the City Code. These changes include:
Updated language, definitions, descriptions, and processes
Updated timing of public disclosures
Update thresholds of authority - minor purchases
Excluded select contract types for the five (5) year term limit.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Staff periodically reviews Article IV of Chapter 8 of the City Code, which addresses purchasing and contracting,
and identifies potential updates based on changing needs and conditions. The impetus for this update to the
procurement ordinances results from a cross-functional team evaluation of the Alternative Project Delivery
System (APDS) utilized by Utilities. Based on this work, staff identified the opportunity to update the procurement
provisions to expand upon the appropriate use of all alternative delivery methods utilized City-wide to deliver
capital construction projects.
The revisions to the procurement provisions also address current City business needs consistent with public
procurement best practices.
The benefits from these changes to the City Code include:
Eliminated ambiguity
Increased transparency and enhanced timeliness of public disclosures
Enhanced alignment of contract term with the service type
Increased efficiency; and
Increased opportunities for competition.
ATTACHMENT 1
Agenda Item 12
Item # 12 Page 2
CITY FINANCIAL IMPACTS
Adoption of the changes to the City Code may require additional internal resources driven by: (1) reduced
reliance on outsourcing process engineering and project management; and (2) increased volume of competitive
Requests for Proposal (RFP). The shift to internal resources for process engineering and project management
should be cost neutral, as these functions have historically been outsourced.
The increase in the volume of competitive RFPs will add workload to Purchasing.
BOARD / COMMISSION RECOMMENDATION
The revisions to Article IV of Chapter 8 were presented to the Council Finance Committee on December 16,
2019. The Council Finance Committee unanimously supported adoption of the revisions to the City Code.
(Attachment 1)
ATTACHMENTS
1. Council Finance Committee Presentation, December 9, 2019 (PDF)
2. Council Finance Committee minutes, December 16, 2019 (draft) (PDF)
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ORDINANCE NO. 017, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IV OF CHAPTER 8 OF THE CODE OF THE CITY OF FORT
COLLINS RELATING TO THE CITY’S PURCHASING AND CONTRACTING
PROCEDURES AND REQUIREMENTS
WHEREAS, the Charter of the City of Fort Collins contains provisions concerning
purchasing practices in Article V, Part IV; and
WHEREAS, Chapter 8, Article IV of the City Code prescribes particular methods for
competitive purchasing for the construction of improvements and the procurement of services and
materials; and
WHEREAS, Chapter 8, Article IV of the Code was last broadly amended by Ordinance
No. 026, 2008; and
WHEREAS, staff has undertaken a review of the procurement provisions in light of
changing needs and conditions of City business, and has recommended to City Council
amendments that would increase flexibility and efficiency in the purchasing process, remove
ambiguity in current City Code language, increase transparency, and increase opportunities for
competition; and
WHEREAS, City Council has determined the amendments described in this Ordinance are
in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 8-110 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-110. - Procurement application.
This Article shall apply to the procurement of all materials, services, professional services, and
construction required or used by all departments and agencies of the City, including businesses
and enterprises operated by the City, whether used in the construction of City improvements or
otherwise, irrespective of the source of the funds, excepting only donations, real property, the
procurement of legal and litigation services, City grants, museum exhibits, musical, dramatic and
other fine arts performances, power purchases for resale, and services or activities subject to
contracts between the City and other governmental bodies. When any procurement involves the
expenditure of federal or state funds, the procurement shall be conducted in accordance with any
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mandatory applicable federal or state laws or regulations. This Article does not create or confer
any right or entitlement upon any person to bid on or receive an award of any City contract.
Section 3. That Section 8-112 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-112. - Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
Alternative delivery method shall mean a process of construction using either the Alternative
Project Delivery System (APDS), Construction Manager/General Contractor (CM/GC),
Construction Manager At-Risk (CMAR) or Design/Build approaches.
Alternative Project Delivery System (APDS) shall mean a process of managing a construction
project in which the design and construction of the project are contracted for separately, typically
during the preliminary design phase of the project. Firms are selected utilizing a qualification based
competitive sealed proposal with consideration to cost. The designer and construction contractor
teams work with the City as part of an integrated team focused on risk reduction, value engineering
and best value.
. . .
City grants shall mean direct monetary assistance to an organization or individual to undertake a
specific project or program. Grants fund solutions to identified problems and/or opportunities
within the City.
. . .
Contract Manager/General Contractor (CM/GC) (also referred to as Construction Manager-At-
Risk) shall mean a process of managing a construction project in which the design and construction
of the project are contracted for separately with the construction contractor typically joining the
project at about thirty (30) percent design completion to provide constructability input, cost
estimating, risk reduction, value engineering and best value. Firms are selected utilizing a
qualification based competitive sealed proposal with consideration to cost.
. . .
Design/build shall mean a process for executing a construction project in which one (1) contractor,
the design-build team, works under a single contract with the City to provide the design and
construction services from initial design through project completion. Firms are selected utilizing a
qualification based competitive sealed proposal with consideration to cost.
Design/bid/build shall mean a project delivery method in which the City contracts with separate
entities for the design and construction of a project The design firm is a qualification-based
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selection process and the construction contractor is selected based on the lowest responsive and
responsible bid.
Guaranteed Maximum Price (GMP) shall mean the sum of money agreed upon between the City
and the construction contractor to complete a construction project. This is a not-to-exceed total
cost of the services and materials provided during the construction phase of work including direct
costs, overhead, any contingency, and fees. The GMP is typically established at approximately
ninety (90) percent design completion.
. . .
Independent Cost Estimate (ICE) shall mean a tool utilized to assist in determining the
reasonableness of the project cost. The ICE is developed by a qualified independent third-party
not associated with the project.
. . .
Master Agreement shall mean an agreement established for the completion of a project or provision
of services or materials on an as-required basis establishing the terms, conditions and general scope
of services. The Master Agreement works in conjunction with a Work Order, which supplements
the Master Agreement.
. . .
Public notice shall mean any publication reasonably calculated to inform responsible bidders or
offerors. Public notice shall occur for a reasonable time and may be disseminated through any
means of mass communication, including, but not limited to, e-procurement systems, internet,
newspapers, other written publications, posting, television, radio, other broadcasting media and
electronic billboards.
Real property shall mean lands, lands under water, buildings, permanent structures and any and
all easements, incorporeal hereditaments and every estate and right herein, legal and equitable,
including terms for years and liens by way of judgment, mortgage or otherwise.
. . .
Work order shall mean a written order defining a discrete service and/or material with a definite
project, price and time of completion which is used in conjunction with a work order contract to
create an enforceable contract.
Section 4. That Section 8-113 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-113. - Authority and duties of purchasing agent.
. . .
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(b) The Purchasing Agent may formulate and promulgate rules and regulations for the
administration of this Article, not inconsistent with the provisions of this Article, with respect to
purchasing procedures. Any rules and regulations promulgated by the Purchasing Agent hereunder
shall be effective upon the approval of the City Manager and the Purchasing Agent's filing of the
same with the City Clerk.
Section 5. That Section 8-138 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-138. - Approval.
(a) Specifications prepared primarily for a procurement for a specific department or agency of
the City shall be approved by both the Purchasing Agent and the head of the using department,
agency or designee thereof before being submitted for bid.
(b) If the Purchasing Agent and head of the using department or agency cannot agree, the matter
shall be referred to the City Manager.
Section 6. That Section 8-139 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-139. - Brand name specification.
(a) A brand name specification may be used to maintain standardization, interchangeability, or
compatibility within a critical system or process or when the Purchasing Agent has determined
that sufficient sources for competition exist for the procurement of the material and that the use of
the brand name specification is not intended to limit or restrict competition.
. . .
Section 7. That Section 8-157 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-157. - Competitive sealed bidding.
. . .
(f) Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or
cancellation of awards or contracts based on such bid mistakes, may be authorized when deemed
appropriate by the Purchasing Agent.
(1) Bids may be withdrawn by the offeror for any reason prior to bid opening. Any
such notice of withdrawal must be received in the office designated in the invitation for
bids prior to the time set for bid opening.
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(2) Mistakes discovered before bid opening may be corrected or withdrawn in writing
by the bidder. Any such corrections or notices of withdrawal must be received in the office
designated in the invitation for bids prior to the time set for bid opening.
(3) After bid opening, the following provisions shall apply:
a. A low bidder alleging a material mistake of fact may be permitted by the
Purchasing Agent to correct its bid if the mistake is clearly evident on the face of
the bid document and the intended correct bid is similarly evident.
b. A low bidder alleging a material mistake of fact may be permitted by the
Purchasing Agent to withdraw its bid: (i) if the mistake is clearly evident on the
face of the bid but the intended correct bid is not similarly evident or (ii) if the
mistake is not clearly evident on the face of the bid but the bidder submits evidence
to the Purchasing Agent which clearly and convincingly demonstrates that a
mistake was made, in which case the bidder must show the nature of the mistake
and the bid price actually intended.
(4) No changes in bid prices or other provisions of bids prejudicial to the interests of
the City or fair competition shall be permitted.
(5) All decisions to permit the correction or withdrawal of bids or to cancel awards or
contracts based on bid mistakes will be supported by a written determination made by the
Purchasing Agent.
(g) The contract shall be awarded with reasonable promptness by written notice to the lowest
responsive and responsible bidder whose bid meets the requirements and criteria set forth in the
invitation for bids. If the lowest responsive and responsible bid exceeds budgeted funds and either
time constraints or economic considerations preclude resolicitation of work of a reduced scope,
the Purchasing Agent is authorized to negotiate an adjustment of the bid price with the lowest
responsive and responsible bidder, to modify the scope of work, or to negotiate other terms and
conditions, so as to bring the bid within the amount of available funds.
Section 8. That Section 8-158 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-158. - Competitive sealed proposals.
(a) Procurements for the following are eligible for award by competitive sealed proposals:
(1) Materials and services when the Purchasing Agent determines that the use of
competitive sealed bidding is either not practicable or not advantageous to the City;
(2) Professional services; and
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(3) City improvements when the Purchasing Agent determines that the use of
alternative delivery methods will benefit the City while retaining assurance of competitive
pricing and contractor selection.
(b) Procurements accomplished pursuant to this Section shall be solicited through a request for
proposals.
(c) Public notice shall be given and shall include the proposal title, place, date and time the
proposal must be received at the place stated in the request for proposal. In the event of good cause
as determined by the Purchasing Agent, the time set for submittal of the proposals may be extended
when determined to be in the City’s best interest.
(d) Except as provided in paragraphs (e) and (m) of this Section, proposals shall be opened so
as to avoid disclosure of contents to competing offerors during the process of negotiation.
(e) A list of the offerors submitting proposals shall be maintained containing the name of each
offeror and shall be open for public inspection or disclosure after the time set for submittal of the
proposals. The name of the awarded firm may be disclosed to the public after the date of the written
notice of award.
(f) The request for proposals shall state evaluation factors and their relative importance.
(g) After proposal opening, interviews may be conducted with the highest ranked responsible
offeror or offerors for the purpose of clarification and to assure full understanding of, and
responsiveness to, solicitation requirements. Offerors selected for interview shall be accorded fair
and equal treatment with respect to any opportunity for discussion and revision of proposals.
Revisions may be permitted after submissions and prior to award in order to reflect clarifications
in the proposal's scope of work or contract amount.
(h) Except as provided in paragraphs (e) and (m) of this Section, in conducting interviews,
there shall be no disclosure by the City or any officer, employee or committee thereof, of any
information derived from proposals submitted by competing offerors, nor shall there be any
disclosure of information discussed by the evaluation committee in selecting the highest ranked
offeror(s).
(i) After the contract has been awarded and a written contract executed with the selected
offeror(s), the total points of the evaluation committee will be retained by the Purchasing Agent
for a period of time consistent with the City's record retention policy. The total points or ranking
of the offerors shall not be made available for public inspection or disclosure.
(j) Except as provided in paragraph (m) of this Section, individual rating sheets, notes, emails
and other documents prepared or utilized by members of the evaluation committee shall not be
made available for public inspection or disclosure.
(k) The contract shall be awarded with reasonable promptness by written notice to the
responsible offeror whose proposal is determined in writing to be the most advantageous to the
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City, taking into consideration the evaluation factors set forth in the request for proposals. No other
factors or criteria shall be used in the evaluation.
(l) The Purchasing Agent is authorized to negotiate contract terms, including but not limited
to the final price and precise scope of work, with the selected offeror.
(m) If the proposals are for the services of a public accounting firm to conduct the annual
independent audit of the City's books and accounts as required in Section 17 of Charter Article II,
those proposals shall be reviewed and the interviews conducted by the City Council or a committee
of the Council in a public meeting and the selection by Council shall be conducted in a public
meeting. In conducting such review, interviews and selection, the City Council and committees of
the Council shall not be subject to the provisions in paragraphs (d), (h), (i) and (j) of this Section.
(n) No public accounting firm selected to conduct the City's annual independent audit shall be
eligible to be selected under this Section to conduct that audit for more than two (2) consecutive
five (5) year terms. In addition, any firm conducting the audit for five (5) consecutive years shall
not be eligible to participate in a new competitive sealed proposal and be selected unless the firm
assigns a new lead partner to conduct the audit under the new contract with a term of one (1) to
five (5) years.
(o) To ensure competitive pricing and value in the use of an alternative delivery method, the
Purchasing Agent shall require the contractor to obtain quotes from at least three (3) suppliers
and/or subcontractors for all materials and services exceeding a cost of sixty thousand dollars
($60,000.). The Purchasing Agent may waive this requirement if the Purchasing Agent determines
that one of the conditions in Section 8-161(d)(1)(a) through (j) exists. The Purchasing Agent shall
make such determination in writing for procurements which exceed a cost of two hundred thousand
dollars ($200,000.). Subcontractors selected by the City as part of the construction contractor team
competitive process for the alternative delivery method are exempt from this requirement, subject
to the discretion of the Purchasing Agent.
Section 9. That Section 8-159 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-159. - Competitive negotiated procurement.
(a) Procurement for goods, services, professional services, products for resale or
redistribution, distribution services usage and competitive business arrangements that are related
to the establishment of strategic business plans or relationships of any City utility in a competitive
market environment shall be eligible for award by competitive negotiation under this Section,
provided that the following conditions are met:
(1) The Purchasing Agent determines in writing, with the approval of the City
Manager, that the use of competitive sealed bidding or competitive sealed proposal
processes are either not practicable or not advantageous to the City; and
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(2) There is a minimum of two (2) vendors/businesses willing and able to provide the
basic goods, services or products to be procured through competitive negotiation.
(b) In order to initiate a competitive negotiated procurement under this Section, the procuring
utility shall, in a manner acceptable to the Purchasing Agent as sufficient to identify potential
appropriate and qualified vendors of the goods, services, or professional services to be procured,
investigate and research the market for such goods, services, or professional services, and identify
those vendors determined to be appropriate and qualified candidates in light of the competitive
and other interests of the procuring utility.
. . .
(e) Each vendor participating in competitive negotiations under this Section shall be accorded
a fair and reasonable opportunity to present and explain the goods, services, or professional
services to be provided by such vendor.
(f) The basis for final selection of a vendor under a competitive negotiation process, and the
final terms of the contract under which goods, services, or professional services shall be procured
under this Section, shall each be subject to the review and approval of the Purchasing Agent and
City Manager.
(g) Prior to the renewal or extension of any contract for goods, services, or professional
services under this Section beyond the original potential term of such contract, the City Manager
or procuring utility shall require that an assessment of the subject vendor's performance and the
benefits to the City of the terms of such contract be conducted by a qualified third party, to be
selected by the Purchasing Agent.
Section 10. That Section 8-161 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-161. - Exemptions to use of competitive bid or proposal.
(a) Minor purchases.
(1) The Purchasing Agent shall have the authority to negotiate without formal
competition for the purchase of any materials, professional services, services or
construction not exceeding a cost of sixty thousand dollars ($60,000.) per contract or
purchase order. Where a project has been previously bid, project managers may approve,
pursuant to administrative guidelines approved by the Purchasing Agent, change orders up
to the minor purchase limit established in this Subsection; provided, however, that no such
change order shall authorize any expenditure of funds in excess of the amounts budgeted
and appropriated for the project.
(2) Such negotiated purchases shall be made in the open market, but wherever practical
or advantageous, the Purchasing Agent, department or agency shall obtain quotes from at
least three (3) suppliers. Negotiated purchases of materials, professional services, services
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or construction shall be awarded to the person supplying the lowest responsible and
responsive quote. Critical attributes, such as quality, experience and delivery, may be
considered in the award, but such attributes must be stated in the invitation for quote.
(3) The purchasing procedures adopted pursuant to § 8-113 of this Article may
authorize the purchase of materials, services or professional services in the open market by
other departments of the City, provided that no such purchase shall exceed seven thousand
five hundred dollars ($7,500.) except that the Purchasing Agent may authorize the
procurement of materials and services in an amount not to exceed fifteen thousand dollars
($15,000.) per procurement when purchased pursuant to a pricing agreement approved by
the Purchasing Agent and purchased by an employee of the City authorized by the
Purchasing Agent to make such purchases.
(4) No procurement shall be divided so as to constitute a minor purchase under this
Subsection.
. . .
(c) Construction change orders.
(1) Notwithstanding the provisions of Paragraph (a)(1) of this Section and Subsection
(2) below, one (1) or more change orders to an existing construction contract may be
executed without competition unless the cumulative amount of such change orders exceeds
the greater of:
a. Fifteen (15) percent of the original contract amount; or
b. Fifteen (15) percent of the Guaranteed Maximum Price (GMP); or
c. Sixty thousand dollars ($60,000.).
(2) Construction contracts utilizing an alternative delivery method shall not be subject
to the limits of subsection (c)(1) of this Section 8-161, except in the event a Guaranteed
Maximum Price (GMP) is established. In such event, subsection (c)(1) above shall apply.
(23) Any construction change order which authorizes a new improvement under a
construction contract may be executed without competition when the Purchasing Agent
makes an administrative finding that it would be justified in light of the cost savings, time
savings or improved efficiency in the completion of the project to negotiate with the on-
site contractor for the construction of the new improvement because:
a. The new improvement is required for the completion of an improvement
which is currently under construction pursuant to a competitive bidding or
competitive proposal process; or
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b. The new improvement results from the discovery of differing or unforeseen
physical conditions at the site of the improvement under construction and is
required for the completion of the improvement under construction.
Any change order executed under this subsection (3) is not subject to the cost limitations
of subsection (c)(1) of this Section 8-161.
(d) Miscellaneous exemptions.
. . .
(4) Any procurement approved under this Section 8-161 by the City Manager or the
City Council may be used as the basis for a negotiated purchase of additional quantities of
the same materials or services at any time within a period of five (5) years from the date of
approval; provided, however, that subsequent procurements may be expressly limited to a
specific number of purchases or a period of less than five (5) years.
(e) Materials, services, professional services and construction competitively bid within
twenty-four (24) months. In any case where the City has, within the preceding twenty-four (24)
months, pursuant to an invitation for bids or request for proposals, awarded a contract for the
procurement of any materials or for the procurement of services, professional services or
construction bid on a unit price basis and/or hourly rate schedule, the Purchasing Agent may
negotiate with the successful bidder for the purchase of additional quantities of the materials or
units of services or construction under a new agreement subject to the limitations of Section 8-
186. The Purchasing Agent may, based upon a reasonably prudent investigation of market
conditions at the time, make procurements at a price warranted by such conditions, even if the
resulting cost to the City is greater than the amount of the previous award.
(f) Purchase of content for City-delivered video programming and streaming service. The
Purchasing Agent shall have the authority to negotiate without formal competition the purchase of
video content licensing rights for the City's delivery of cable or other subscriber video content,
programming, and streaming services. The Purchasing Agent is authorized to procure such
licensing from local channels, individual channels and channel families, and video content
aggregation companies when he or she determines i) viable market demand supports obtaining
rights to deliver the specific content, and ii) the anticipated cost to acquire such rights is reasonable
based on the uniqueness of the content, region, and market. The Purchasing Agent shall submit a
summary of such transactions and determinations to the City Manager's Office for each purchase
under this Subsection. The Purchasing Agent and the City Manager designee with direct
responsibility to manage City telecommunication facilities and services, as defined in Section 7(f)
of Charter Article XII, shall jointly advise City Council regarding any purchase under this
Subsection that exceeds an annual cost of one million dollars ($1,000,000).
Section 11. That Section 8-163 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-163. - Other procedural prerequisites for award of contracts.
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(a) In the case of a contract for procurement primarily for the use of a specific department or
agency of the City, the head of such using department or agency or designee thereof shall also
approve an award before written notice of the award is sent.
. . .
(c) The Purchasing Agent shall not award any contract or finalize any procurement until the
funds necessary to defray the cost of such procurement are appropriated and available or will be
available when the obligations become due or payable, excepting only:
(1) Cases of emergency under Subsection 8-161(b); and
(2) Cases where revenue to pay the bidder or offeror will be raised through the
performance of the contract.
. . .
Section 12. That Section 8-164 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-164. - Prequalification of bidders and offerors.
The Purchasing Agent may authorize the establishment of a prequalified list of vendors utilizing a
competitive prequalification process. This list of vendors may be utilized in lieu of public notice
for soliciting competitive sealed bids or competitive sealed proposals; provided, however, that the
Purchasing Agent may use such list in lieu of public notice only if public notice of the
prequalification procedure and intended use of the list has been given within the preceding twenty-
four (24) months.
Section 13. That Section 8-165 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-165. - Cooperative procurement plans.
The Purchasing Agent shall have the authority to join with other units of government in
cooperative procurements, including, but not limited to, the State and the Multiple Assembly of
Procurement Officials, when the best interests of the City would be served thereby. Upon written
approval by the Purchasing Agent, competitive sealed bids, competitive sealed proposals or pricing
agreements received by any other governmental agency shall be the equivalent of bids or proposals
received by the City and may be the basis for any procurement by the City.
Section 14. That Section 8-186 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-186. - Multi-year contracts.
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(a) No contract for materials, services or professional services, including all renewals, shall be
made by the City for a period longer than five (5) years, unless authorized by ordinance, which
ordinance shall not be passed as an emergency ordinance. Notwithstanding the foregoing, the
following shall not be subject to the five (5) year term limitation but in any event shall not have a
term in excess of ten (10) years:
(1) Software licensing and/or maintenance agreements; or
(2) Select financial services including procurement credit cards, credit card processing,
and retirement record keeping; or
(3) Purchase of content for City-delivered video programming and streaming services;
or
(4) Master Agreements with Work Order(s) in-process may be renewed for up to a
maximum of one (1) additional year if required to complete an in-process Work Order.
. . .
Section 15. That Section 8-187 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-187. - Multiple source award.
A multiple source award may be made when an award to two (2) or more bidders or offerors for
similar supplies, services, or professional services is necessary for adequate delivery, service or
product compatibility.
Introduced, considered favorably on first reading, and ordered published this 21st day of
January, A.D. 2020, and to be presented for final passage on the 4th day of February, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this 4th day of February, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk