HomeMy WebLinkAbout101 - 08/21/2018 - AMENDING SECTION 8-158 OF THE CITY CODE PERTAINING TO THE CITY'S PROCUREMENT OF SERVICES FOR AN ANNU ORDINANCE NO. 101, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 8-158 OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE CITY'S PROCUREMENT OF SERVICES FOR AN
ANNUAL INDEPENDENT AUDIT OF THE CITY'S FINANCIAL RECORDS
WHEREAS,the City Council is required by Section 17 in City Charter Article II to provide
an annual independent audit of the City's books and accounts conducted by a public accounting
firm; and
WHEREAS, City Code Section 8-158 sets out the process by which such accounting
services, as well as similar professional services, are procured by the City through competitive
sealed proposals; and
WHEREAS,this procurement process is typically conducted administratively by the City's
Purchasing Agent and other City staff, but because of the requirements in Section 17 of Charter
Article II that the City Council provide for an annual independent audit, this process has
historically been conducted, with assistance from the Purchasing Agent, by the Council Finance
Committee reviewing the proposals and conducting the interviews of the offerors in a public
meeting and making a recommendation to City Council, with the Council then making the final
decision in a public meeting to select the firm; and
WHEREAS, this Ordinance amends Code Section 8-158 to take into account that this
process will occur in public meetings because it is being conducted by the Council Finance
Committee and the City Council; and
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WHEREAS, this Ordinance is necessary for the public's health, safety and welfare.
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 8-158 of the Code of the City of Fort Collins is hereby
amended to read:
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 in writing that
the use of competitive sealed bidding is either not practicable or not advantageous
to the City;
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(2) Professional services; and
(3) City improvements when the Purchasing Agent determines that the use of
alternative delivery methods will provide substantial benefit to 'the City while
retaining sufficient competitive pricing and/or performance.
(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
of proposal opening.
(d) Except as provided in paragraph(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 register of proposals shall be maintained containing the name of each offeror and
shall be open for public inspection after the award of the contract in the office of the
Purchasing Agent in the same manner as are other public records.
(f) The request for proposals shall state evaluation factors and their relative importance.
(g) After proposal opening, interviews mays 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 paragraph(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.
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(j) Except as provided in paragraph (m) of this Section, individual rating sheets and
notes prepared or utilized by members of the evaluation committee shall not be made
available for public inspection.
(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
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to the 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.
(1) The Purchasing Agent is authorized to negotiate 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) and 0) 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.
Introduced, considered favorably on first reading, and ordered published this 17th day of
July, A.D. 2018, and to be presented for final passage on the 21 st day of August, A.D. 2018.
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Mayor Oro Tern
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Passed and adopted on final reading on the 21 st day of August, A.D. 2018.
Mayor
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