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HomeMy WebLinkAbout144 - 12/03/1996 - AMENDING CITY CODE RELATING TO PURCHASING CHANGES ORDINANCE NO. 144, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 8 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PURCHASING CHANGES WHEREAS, the Charter of the City of Fort Collins (hereinafter "Charter") contains certain general provisions concerning purchasing practices in Article V, Part IV; and WHEREAS, the Code of the City of Fort Collins (hereinafter "Code") contains particular methods for bidding and awarding contracts for constructing improvements and for the procurement of services and materials in Chapter 8, Article IV; and WHEREAS, the Code provisions relating to purchasing and contracting were last updated in 1990 and, over the past two years, the City's Purchasing Department has been working to identify changes which would make the procurement process more efficient and effective; and WHEREAS,the changes proposed by the Purchasing Agent would eliminate some non-value added process, increase flexibility and raise dollar thresholds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following provisions of Article IV of the Code be amended so as to read as follows: ARTICLE IV. PURCHASING AND CONTRACTING DIVISION 3. CONTRACT FORMATION AND AWARD Sec. 8-158. Competitive sealed proposals. (f) 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. 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). 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. Individual rating sheets and notes prepared or utilized by members of the evaluation committee shall not be made available for public inspection. Sec. 8-160. 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 thirty thousand dollars ($30,000). 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 a cost of two thousand dollars ($2,000.). (b) Emergency purchases. (3) A full written report of the circumstances of all emergency purchases over one hundred thousand dollars ($100,000.) 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 subsection (a)(]) 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 contract amount, or (b) thirty thousand dollars ($30,000). (d) Miscellaneous exemptions. (3) The City Manager shall submit all procurements under this Subsection (d), which exceed a cost of one hundred thousand dollars ($100,000.) to the City Council in an open meeting for final approval. (4) Any procurement approved under this Section 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 2 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, 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 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. Sec. 8-162. Other procedural prerequisites for award of contracts. (b) In any case where competitive sealed bids or proposals are required by this Article and less than three (3) are received, the Purchasing Agent shall document the rationale for rejecting or awarding the bid or proposal. (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, excepting only: (1) Cases of emergency under § 8-160(b); and (2) Cases where revenue to pay the bidder or offeror will be raised through the performance of the contract. DIVISION 5. RESOLUTION OF CONTROVERSIES Sec. 8-206. Resolution of controversies. (a) The Purchasing Agent is authorized, after consultation with the City Attorney, to settle and resolve any questions regarding: (1) Any protest concerning the solicitation or award of a contract; (2) Debarment or suspension from consideration for award of contracts; and (3) Any controversy arising between the city and a contractor by virtue of a contract between them, including, without limitation, controversies based upon breach of contract, mistake, misrepresentation or any other cause for contract modification or rescission. 3 Introduced and considered favorably on first reading and or hblished this 1 -day of November, A.D. 1996, and to be presented for final passage orb efitS 3ro-day of Dece er, A?. --I 996. WY or AT EST: ity erk/ Passed and adopted on final reading this 3rd day of December;A.D.,1996. ATTEST: . �i -". — City Clerk 4