The URL can be used to link to this page

Home My WebLink AboutOrdinance 9915,- ~-~ ,~~ r; ORDINANCE N0. 1~ ~//~ AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF THE CITY OF FORT WORTH (1986), BY ADDING SEC- TION 2-9 TO PROVIDE FOR CERTAIN CONTRACTS TO BE SIGNED BY THE CITY MANAGER WITHOUT CITY COUNCIL APPROVAL ACCORDING TO THE CITY CHARTER, WHERE LET TO THE LOWEST RESPONSIBLE BIDDER, QUALITY CONSIDERED; BY AMENDING SECTION 2-116(3) TO PROVIDE FOR CITY BIDDING PROCEDURES FOR PURCHASES NOT EXCEEDING $5,000 AS MAY FURTHER BE DELINEATED BY A PUR- CHASING POLICY ADOPTED BY CITY COI)NCIL; PROVIDING A SEVER- ABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 2, °'Administration", of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby amended by adding Section 2-9 and after such addition, Section 2-9 shall read as follows, to-wit: "Sec. 2-9. Contract Execution; Change Orders. (a) Any contract in the amount of five thousand dollars ($5,000) or less may be executed by the city manager without prior city council approval, except for a contract involving the sale, purchase or lease of real property. Any contract that is proposed to be awarded to a bidder other than the lowest responsible bidder, quality considered, must be approved by city council before execution by the city manager. No contract in the amount of more than five thousand dollars ($5,000) shall be executed by the city manager, or any other officer of the city government, until previously authorized by the city council. (b) Where a change order pertaining to a public works contract involves a decrease or increase in cost of ten per cent (10~) of the original contract or three thousand dollars ($3,000), whichever is less, such change order may be executed. by the city manager or r~ S A A. ~, a-. '. other officer designated by the city council without prior city council approval; provided however, that the original contract price may not be increased under the provisions of this section by more than ten percent (10$) or three thousand dollars ($3,000), whichever is less, without city council approval." SECTION 2. That Section 2-116(3) of Chapter 7, "Administration", of the Code of the City of Fort Worth, Texas (1986), as amended, be and is hereby amended by substituting the following language in lieu there- of , to wit "Sec. 2-116(3). Division of Purchasing. There shall be in the department of finance a division of purchasing, which shall be under the supervision and control of the purchasing manager. With the exception of those contracts involving the purchase, sale or lease of real estate and such other purchases that may be assigned to other departments by the city manager or city council, the purchasing manager shall make all purchases for the city in the manner provided by applicable statute, ordi- nance or regulation and shall also be charged with the responsibility of selling all personal property of the city not needed for public use ar that may have become unsuitable for public use. (a) State Law Bidding Procedure. Before making any con- tract for purchase or sale, the purchasing manager shall provide the opportunity for competitive bid- ding, where required by state law. (b) City Bidding Procedure. The city manager may promul- gate an administrative regulation for contracts for purchases or sales in the amount of $5,000 or less. Contracts for purchases or sales which are subject to this city bidding procedure and administrative regu- lation shall be let to the lowest responsible bidder, quality considered." SECTION 3. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986), as -2- ., ~. _ ~~ amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. -3- r ~. t~ ~ ~ ~. APPROVED AS TO FORM AND LEGALSTY: dL~.~ ~~,k? - City Attorney Date; ~"~~~~ ADOPTED : //~X~~~ EFFECTIVE: Ord4 -4- <, ~ .~ ~C60txNTiN(i•a TRANSPGRTA7ION~PUQLIC WORKS,A 55o1'ER, FINANCE 6~ r It is recommended that the City Council adopt the attached ordinance amending Paragraph (3), Section 2-116, Article IV of Chapter 2 and adding Section 2-9 to Chapter 2 of the Code of the City of Fort Worth (1986), as amended Discussion When the Charter was revised in 1983, Section 13 of Chapter XXUII was changed to allow for competitive bidding per state law (rather than a previously fixed low dollar amount) to allow for changes in the law In place of the former Charter provision, stated dollar limits were put in the City Code in Section 2-116(3) of Article iV, Chapter 2, since an ordinance can be arnended more easily than the Charter The old Charter provision also provided that contracts under a certain dollar limit could be executed by the City Manager without city Council approval, such provision was removed in 1983 with the intention of putting a general provision in the City Code The addition of Section 2-9 to the City Code will clarify contract execution authority with and without City Council approval in all City contracts, including those not handled by the Purchasing Division as explained below To that end, the any contract, except for the sale, purchase or lease of real property, in the amount of $5,000 00 or less may then be signed by the City Manager without prior City Council approval, this provision was deleted from Section 2-116(3)(b) cited below and placed here to clarify contract execution in conformity with the current Charter ]:f any contract is to be awarded to one other than the lowest bidder regardless of dollar amount, City Council must first approve the contract before the City Manager can execute same, this provision was deleted from Section 2-116(3) cited below and placed here to clarify contract execution in conformity with the current Charter Any contract in excess of $5,000 00 must be approved by the City Council prior to execution by the City Manager Lastly, Charter provisions pertaining to contract change orders for public works projects nave also been placed in Section 2-9 Section 2-llb(3) of the Code of the City of Fort Worth (1986), as arnended, which governs the operation of the Purchasing Division of the Department of Finance of the City of Fort Worth, has been arnended to clarify which contracts will not oe handled by the Purchasing Division The Purchasing Manager shall not handle the purchase, sale or lease of real estate Further, the Purchasing Manager shall not handle such other purchases that may be assigned to other departments by the City Council or the City Manager Such contracts involve public works projects and certain contracts involving the Park and Recreation, pity of 1Fo~°t ~®~°tl, ~"e~a~ NICIATETIUN d' NUMBER CE SUBJECT CITY CODE AMENDMENTS REGARDING PAGE CONTRACT EXECUTION AUTHORITY 2 7-28-87 G-7158 _ AND THE PURCHASING DIVISION 1°r RECREA(i^'" A Recommendation ..~ ~. _ :r DnTF_ rtEFERLNCL sug~ECr CITY CODE AMENDMENTS REGARDING PAGE NUMBER CONTRACT EXECUTION AUTHORITY 2 ~, 2 _-7-28-87 _ _ G-71.58 _-- _._- ----------AI~TklE P_ll~CHASa:NG DI-VIII-ON --- Water and Transportation/Public Works Departments as assigned by City Council in the City Code, however, upon occasion these samE~ departments may reyuirz the Purchasing Manager to handle bids for maintenance repairs to a City building or its HVAC system Section 2-116(3)(b) has been changed to permit the City Manager to promulgate an administrative regulation to govern contracts for a purchase or sale in the amount of $5,000 00 or less The current Charter° provides that City Council shall by ordinance establish rules by which a contract may be signed by the City Manager without City Council approval The ordinance previously provided that City Council should promulgate a policy for the purchase or sale in the amount of $5,000 OU or less Staff feels that it is much more efficient to inform all City departments of purchasing requirements by administrative regulation since administrative regulations are procedurally controlled, it has been difficult in the past to disseminate the purchasing policy to the proper persons m APP~ftOVED ~Y CITY COUNCIL ~u~ ~~ ~~~ >~ ~~ City Searetazy of the City of : c: Wozth, Texats SUBMITTED FOR THE ~ DISPOSITION BY COUNCIL. PROCESSED BY CITY MANAGER'S UFFICE BY ,~ / ~ I-' APPROVED ORIGINATING 7 ~ 1 OTHER (DESCRIBE) DEPARTMENT HEAD A V Bai 1 i ff CITY SECRETARY FOR ADDITIONAL INFn()R ATI N CONTAC~i /1 ~ ~ai 1 i ff 81 s6 ~ A~o~ptet~ Or~dlnarrce No. -~~j DATE