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HomeMy WebLinkAbout064 - 06/03/1980 - AMENDING CHAPTER 2 OF THE CITY CODE RELATING TO REQUIREMENTS ON PURCHASING ORDINANCE NO 64 1980 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO REQUIREMENTS ON PURCHASING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS Section 1 That Section 2-54 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows §2-54 Division established, purpose, authorization Pursuant to Section 5 of Article II and Section 29 of Article V of the Charter of the City of Fort Collins, a Division of Purchases is hereby established in the Depart- ment of Finance in the City Such division shall be the purchasing agent for all departments and other agents of the City Section 2 That Section 2-56 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows §2-56 Purchase of supplies, contractual services The City Purchasing Agent shall have the power and it shall be his duty to purchase or contract for all sup- plies and contractual services needed by any department or other agency of the City in accordance with purcnasing procedures as prescribed by this ordinance, the City Char- ter, and such rules and regulations as may be promulgated or approved by the City Manager Agreements for City improve- ments and professional services in excess of Ten Thousand Dollars ($10,000 00) shall be executed by contract Except as may be otherwise provided by law, it shall be unlawful for any City officer or officers to order the purchase of any supplies or make any contract within the purview of this ordinance other than through the Department of Purchasing and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by the City offi- cials and the City shall not be bound thereby Section 3 That Section 2-58, Subsections A, C and G of the Code of the City of Fort Collins be, and the same hereby are, amended to read as follows A Before making any purchase, the Purchasing Agent shall cause to be prepared written specifica- tions detailing the City's requirements on the item to be purchased The Purchasing Agent may request other departments or agencies of the City to prepare specifications for purchases which will be made primarily for such department or agency All specifications shall be clear, free of ambiguity, and shall provide a sound basis for competitve bidding In the case of specifications prepared primarily for a purchase for a specific department or agency of the City, the same shall be approved by both the Purchas- ing Agent and the head of the department or agency concerned before being submitted to bid In case the Purchasing Agent and other depart- ment or agency heads do not agree, the matters shall be referred to the City Manager through the Director of Finance for final determination C Such specifications shall be available to any person desiring to bid on the item to be pur- chased The Purchasing Agent shall also solicit bids from all propsective suppliers on the bidders' list which the Purchasing Agent shall maintain by sending such suppliers an invitation to bid and making available a copy of the specifications as outlined in the invitation to bid Invitations sent to suppliers on the bidders' list shall be limited to those sup- pliers ordinarily handling commodities similar in character to those to which the invitation relates The Purchasing Agent shall further submit an invitation to bid to any other sup- plier who the Purchasing Agent feels would be capable of submitting a bid supplying the item to be purchased G The Purchasing Agent shall have the authority to award any contract to the person submitting the lowest bid therefor which meets the specifica- tions provided that in the case of an item to be purchased primarily for the use of a specific department or agency of the City, the head of such department shall also approve such award of a bid before an award is made In the event the Purchasing Agent (or the department head con- cerned in the case of a purchase requiring such department head's approval) determines that the low bidder should not receive the contract, he -2- shall submit the bids and his recommendation and any recommendation of the head of any department concerned to the City Manager and in the event the City Manager determines that the award should be made to the low bidder, then the Purchasing Agent shall so award the contract In the event the City Manager determines that the contract should not be let to the low bidder, he may (1) Approve any bid up to Twenty-Thousand Dollars ($20,000 00) (2) Any bid over Twenty-Thousand Dollars ( $209000 00) he shall submit the bid received and his recommendation to the City Council for their final determination In determining whether an award should be made to the low bidder, the Purchasing Agent and the department head concerned and the City Manager shall consider the following (a) The ability, capacity, and skill of the bidder to perform the contract or provide the services required (b) Whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference (c) The character, integrity, reputation, judgment, experience and efficiency of the bidder (d) The quality of performance of previous contracts or services (e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service (f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service -3- (g) The quality, availability and adapt- ability of the product, supplies or contractual services to the particular use required (h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract (i) The number and scope of conditions attached to the bid Section 4 That Section 2-59, Subsections A and B of the Code of the City of Fort Collins be, and the same hereby are, amended to read as follows A Before proceeding to negotiate a purchase pursuant to this provision, the head of the department having jurisdiction over the agency for which the purchase is to be made shall file with the City Purchasing Agent in advance of the desired purchase date the sole-source justifi- cation establishing that only one supplier can provide the item to be purchased and that no substitute item is available which would accom- modate the needs of the department or agency for whom the purchase is to be made The Purchasing Agent shall perform an independent search and verification that the sole-source purchase is justified He shall submit such sole-source justification along with recommendations and cost data from the independent search to the City Manager who shall approve or reject the sole-source justification Any justification previously approved by the City Manager may be used as the basis for a negotiated purchase of additional quantities of the same item at any time within the period of two years from the date of approval by the City Manager After such time the sole source justification must be resubmitted and reapproved by the City Manager before additional purchases are made thereunder The City Manager may, if he believes it neces- sary, limit his approval of the sole-source justification to a specific number of purchases or for a shorter period of time than two years, in which case such limitation shall control -4- B Notwithstanding anything to the contrary in the foregoing Subsection A, no purchase of any item negotiated pursuant to a sole-source justifica- tion costing more than Twenty Thousand Dollars ($20,000 00) shall be made until approved by the City Council in an open Council meeting Section 5 That Section 2-63 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows §2-63 Emergency purchasing In case of an apparent emergency requiring immediate purchase of supplies or contractual services, the City Manager shall have the power to authorize the Purchasing Agent to secure, by informal bid procedure, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure Such informal bid procedures shall to the extent possible consist of obtaining quotes either by telephone or otherwise from at least three (3) suppliers of the material to be purchased and awarding the contract to the person supplying the lowest quote A full report of the circumstances of all emergency purchases over Twenty Thousand Dollars ($20,000 00) shall be made in writing by the City Manager to the City Council and the same shall be received by the City Council in an open meeting and such report shall be open to public inspection at any time Section 6 That Section 2-64 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows §2-64 Open market purchases The Purchasing Agent shall have the power to negoti- ate without bid for the purchase of any article or service not exceeding a cost of Five Thousand Dollars ($5,000 00) Such negotiated purchases shall be made in the open market but wherever possible the Purchasing Agent shall obtain quotes from at least three (3) suppliers for any item so selected and shall award the contract to the person supply- ing the lowest responsible quote after first taking into consideration the standards set forth in Section 2-58 The Purchasing Agent shall keep a record on all open market purchases and such a record shall be open to public inspec- tion -5- Section 7 That Section 2-66 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows §2-66 Contracts for professional services, approval by Council The City Manager shall have the power to approve the contract for services of a professional , technical or consultive nature, the major result of which would yield to the City a report, plan or similar document without regard to other provisions of this article No such contracts for services resulting in a cost to the City in excess of Twenty-Thousand Dollars ($20,000 00) shall be entered into until approved by the City Council in an open Council meeting Introduced, considered favorably on first reading, and ordered pub- lished this 20th day of May A D 980, and to be presented for final passage on the 3rd day of D 1980 MaYQK ATTEST �J'Y. City Clerk Passed and adopted on final reading this 3yrd day of June A D 1980 )TaL Mayor ATT T City Clerk -6-