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HomeMy WebLinkAbout026 - 03/18/2008 - AMENDING CHAPTERS 8 AND 23 OF THE CITY CODE TO UPDATE MISCELLANEOUS PROVISIONS REGARDING PURCHASING ORDINANCE NO. 026 , 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTERS 8 AND 23 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE MISCELLANEOUS PROVISIONS REGARDING PURCHASING AND PERSONAL PROPERTY WHEREAS, the Charter of the City of Fort Collins contains certain general provisions concerning purchasing practices in Article V, Part IV; and WHEREAS,the Code of the City of Fort Collins contains particular methods for bidding and awarding contracts for the construction of improvements,and for the procurement of services and materials in Chapter 8,Article IV,and for the disposition of obsolete or surplus property in Chapter 23, Article IV; and WHEREAS, the portion of the Code that deals with purchasing was last modified by Ordinance No. 144, 1996; and WHEREAS, staff has reviewed the Code for the last eighteen months and identified and discussed various issues related to the Article of Chapter 8 dealing with purchasing and the article of Chapter 23 dealing with disposition of personal property; and WHEREAS,staff has made recommendations to the City Council regarding these issues that would increase flexibility and raise dollar thresholds; and WHEREAS, City Council has determined that 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 Section 8-112 of the Code of the City of Fort Collins is amended to add the following definitions: Alternative delivery method process shall mean a process of construction using either the construction manager process,design/build process,or design/select/build process. Construction manager process shall mean the process of entering into a contract for the design and construction of a project together with a contract with a business organization having the expertise and resources to help manage the design and construction of the project and establish a guaranteed maximum price for the project. Design1build process shall mean a process for managing a construction project in which a primary or main contractor submits a combined proposal to provide the design and construction services for the entire construction project. Design/select/build process shall mean a process for managing a construction project in which the design and construction of the project are contracted for separately but the designer and construction contractor work with the City as part of an integrated team for the design and construction of the project. Pricing agreement shall mean an agreement by which procurements are conducted by or on behalf of more than one governmental body. 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. Work order contract shall mean a master contract for completion of a project or provision of services or materials on an as-needed basis establishing all terms and conditions requested by the City except those contained in the work orders to be issued pursuant to the work order contract. Section 2. That Section 8-113 of the Code of the City of Fort Collins is amended as follows: Sec. 8-113. Authority and duties of Purchasing Agent. (a) The Purchasing Agent shall serve as the public purchasing official for the City, and shall be responsible for the procurement of all materials, services, professional services and construction for the City which are governed by the terms of this Article. (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 Purchasing Agent's filing of the same with the City Clerk. Section 3. That Section 8-158 of the Code of the City of Fort Collins is amended as follows: -2- 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; and (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. Section 4. That Section 8-161 of the Code of the City of Fort Collins is amended as follows: Sec. 8-161. Exemptions to use of competitive bid or proposal. (a) Minor purchases. (1) The Purchasing Agent shall have the power 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 year of contract. 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. (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 or agencies of the City,provided that no such purchase shall exceed five thousand dollars($5,000.)except that the Purchasing Agent may authorize the procurement of materials and services in an amount not to exceed ten thousand dollars ($10,000.) 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. -3- (4) No procurement will be divided so as to constitute a minor purchase under this Subsection. (b) Emergency purchases. (3) A full written report of the circumstances of all emergency purchases over two hundred thousand dollars ($200,000.) shall be made by the City Manager to the City Council. The report shall be received by the City Council in an open meeting, and such report shall be open to public inspection. (c) Construction change orders. (1) Notwithstanding the provisions of Paragraph(a)(1)of this Section,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. Sixty thousand dollars ($60,000.). (d) Miscellaneous exemptions. (3) The City Manager shall submit all procurements under this Subsection(d) which are equal to or exceed a cost of two hundred thousand dollars ($200,000.)to the City Council in an open meeting for final approval. (e) Purchase of utility services. (f) Materials, certain 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, 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, the Purchasing Agent may negotiate with the successful bidder for the purchase of additional quantities of the materials or units of services or construction.The Purchasing Agent may,based upon a reasonably prudent investigation of market conditions at the time, make -4- 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. Section 5. That Section 8-162 of the Code of the City of Fort Collins is amended as follows: Sec. 8-162. Bid and performance bonds. (b) All contracts for construction the cost of which exceed the sum of one hundred thousand dollars ($100,000.) shall require a performance bond or other equivalent security. Section 6. That Section 8-165 of the Code of the City of Fort Collins is amended as follows: Sec. 8-165. Cooperative procurement plans. The Purchasing Agent shall have the authority to join with other units of government in cooperative procurement plans,including but not limited to the State of Colorado 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 7. That Division 4,Article III of Section 8 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 8-185 which reads in its entirety as follows: Sec. 8-185. City Attorney review. All written contracts shall be on forms previously approved by the City Attorney and any changes or additions shall be approved by the City Attorney. Section 8. That Section 23-129 of the Code of the City of Fort Collins is hereby amended to read as follows: -5- Sec. 23-129.Disposition of perishable or hazardous property. (a) If any property seized or otherwise obtained by the City is of a perishable nature or of such nature as to make it inadvisable in the opinion of the Chief of Police to retain possession, such property shall be forthwith advertised for sale at public auction with public notice to be published in a newspaper of general circulation throughout the City or shall be advertised via electronic media not less than three (3) days prior to such sale, which notice shall contain the date, time and place of such sale and the reason for the immediate sale. At the discretion of the Purchasing Agent, such public sale or auction may also take place via means of electronic media. (d) For purposes of this Division,electronic media shall mean the Internet,the City website, or other widely available resource on the World Wide Web. Section 9. That Section 23-130 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-130.Disposition of lost, abandoned or other unclaimed property. Except as otherwise specifically provided for by law or ordinance,any property seized or otherwise obtained by the City and not sold or destroyed as perishable, hazardous or illegal property and which property has not been claimed by or surrendered to the rightful owner may be disposed of in the following manner: (2) After the expiration of such period of time and as soon thereafter as is practicable,the purchasing agent must cause to be published once in a newspaper of general circulation in the City, or advertise via electronic media, a general description of the articles of property to be disposed of, which notice must contain the following information: (3) If within ten(10)days from the publication of the notice,no claim for such property described in the notice shall have been made by the rightful owner, such property shall become the property of the City and shall be disposed of in the following manner: c. All other property shall be sold at public auction including an auction via electronic media in the manner and upon the terms described in the above notice, with the proceeds of any such sale or sales to be paid to -6- the Financial Officer to be placed in the general fund of the City after deducting the cost of storage, advertising and selling. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2008, and to be presented for final passage on the th day of March, A.D. 2008. mayokj ATTEST: Ilk City Clerk Passed and adopted on final reading on the I Sth day of h, A.D. 2008. May ATTEST: City Clerk 7