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HomeMy WebLinkAboutOrdinance 9007 ~r~ ORDINANCE ~NO. 9®D TEXAS: AN ORDINANCE AMENDING CHAPTER 41, "DEPARTMENT OF FINANCE," OF THE CODE OF THE CITY OF FORT WORTH, BY CHANGING THE TITLE OF THE PURCHASING AGENT TO PURCHASING MANAGER; PRO- VIDING THAT THE PURCHASING DIVISION SHALL USE COMPETITIVE BIDDING WHERE REQUIRED BY STATE LAW; PROVIDING CITY BIDDING PROCEDURES FOR PURCHASES NOT EXCEEDING $5,000 AS MAY FURTHER BE DELINEATED BY A PURCHASING POLICY ADOPTED BY CITY COUNCIL; PERMITTING THE CITY MANAGER TO SIGN ANY CONTRACT NOT EXCEEDING $5,000 WITHOUT COUNCIL APPROVAL WHERE LET TO THE LOWEST RESPONSIBLE BIDDER, QUALITY CON- SIDERED; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, SECTION 1. That Section 41-6(4) of Chapter 41 of the Code of the City of Fort Worth, Texas (1964), as amended, be and is hereby amended by substituting the following language in lieu thereof, to wit: "Sec. 41-6(4). Division of Purchasing. "There shall be in the Department of Finance, a Division of Purchasing, which shall be under the supervi- sion and control of the Purchasing Manager. The Purchasing Manager shall make all purchases for the City, except real estate and professional services, in the manner provided by applicable statute, ordinance or regulation and shall also be charged with the responsibility of selling all personal property of the City not needed for public use or 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 Council may promul- gate a purchasing policy 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 purchasing policy shall be let to the lowest responsible bidder, quality con- sidered. Any contract in the amount of $5,000 or less may be signed by the City Manager without City Council approval. If the Purchasing Manager concludes that a contract should be awarded to a bidder other than the lowest responsible bidder, quality con- sidered, the contract must be approved by the City Council before execution by the City Manager. ~,~;. .~ .w "' , ' ,R ` „«s. SECTION 2. This ordinance shall be cumulative of all provisions of ord- nances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would. have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 5. This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~ ~ ``t ~ 3 ADOPTED: ~.'3_ (~~ EFFECTIVE: ~ ~3'4 7' -2- Y ~~ J iy' ~$tLR FttE.lt ~ ~ pity af' Fnrt 'V~®rth, ~exa~ ~Fe84~~lr4~i4~:~ ~~~®~ ~~.~ ~~ IVI{iU (L~i U. ~®~~WYO 1{i~i~lill.~{~~ ~L®~ rr F~A~s~o,q~i~if ,:,, .,~•. PATE REFERENCE SU9JECT City Code Amendment `~ PAGE FINANCE,1 lj3/84 NUMBER (Division of Purchasing) and I tot 2 G-5872- Revised Adoption_ of Purchasine Policy ~.A w. ~ PURCHASIN©: ~ Background Section 13 of Chapter XXVII of the Charter of the City of Fort Worth, as amended in November, 1983, changed the requirements for competitive bidding on City contracts and approval of contracts by the City Council. The new Section 13 (b) of the Charter requires the City Council, by ordinance, to establish rules by which a contract may be signed by the City Manager without City Council approval. Section 41-6(4), of the City Code which governs the operation of the Purchasing Division of the Department of Finance of the City of Fort Worth, should be amended to provide for such rules. To that end, the Purchasing Manages shall comply with state law which currently requires any „ purchase exceeding $5,000 to be competitively bid. Those contracts not exceeding $5,000 shall be governed by the Purchasing Policy set forth below. Section 41-6(4) should further be amended to change the title of the agent making City purchases from "Purchasing Agent" to "Purchasing Manager" in compli- ance with the current job description. Purchasing Policy A. Bidder's List An up-to-date bidder's list by category shall be maintained by the Purchasing Division. A concerted effort will be made to find and include on the bidder's list as many potential vendors as possible; such effort will include working with area community based organizations to ensure that small and minority-owned businesses are well represented. The bidder's list~.shall be the basis for securing bids for all City purchases. ' Sfiould a vendor fail to respond to two (2) consecutive Invitations to Bid, the vendor will be deleted from the bidder's list. This is necessary to ensure that limited budget funds available for mailings are used wisely. Any vendor may be reinstated upon written request by the vendor to the Purchasing Manager. B. Bids for Items Costing More than $5,000 All contracts in excess of $5,000 must be approved by the City Council. Specifi- cations for bids musC be general enough to allow for competitive bidding. All bids for contracts in excess of $5,000 must be solicited in compliance with State competitive bid statutes. State requirements include: (1) notice of the time and place when and where such contracts are to be let must.-be published once a week for two consecutive weeks prior to the time set for bid opening, with the date of the first publication occurring at least fourteen days prior to the date set for bid opening; (2) the contract must be let to the lowest respon- sible bidder; (3) City Council has the right to reject any and all bids; (4) in cases of emergency where it becomes necessary to act at once to preserve or pro- tect the public health of the citizens or in a case of unforeseen damage to f ~- _... -tea. DATE REFERENCE SUBJECT city cage Amendment PAGE 1/3/84 NUMBER (Division of Purchasing) and 2 2 G-5872 Revised Ado tion of Purchasin Polic ._.__- of public property, machinery or equipment, the competitive bidding laws may be waived; and (5) contracts for personal or professional services and purchases of land and right-of-way need not be submitted to competitive bids. C. Bids for Items Costing More Than $2,500 and Less Than $5,000 An Invitation to Bid shall be mailed to all vendors listed in the appropriate category of the bidder's list. The Purchasing Manager shall have the authority to establish specific guidelines for use of newspaper advertising if, in his/her opinion, the advertising will result in increased qualified responses to the bid. Specifications shall be general enough to allow for competitive bidding. The Invitation to Bid shall include a specific time and place for bids to be received. The contract shall be let to the lowest responsible bidder, quality considered.. Any contract in the amount of more than $2,500 and less than $5,000 may be signed by the City Manager without City Council approval. If the Purchas- ing Manager concludes that a contract should be awarded to a bidder other than the lowest responsible bidder, quality considered, the contract must be approved by the City Council before execution by the City Manager. D. Bids for Items Costing up to $2,500 A minimum of three (3) telephone bids from vendors on the Bidder's List shall be required so that competitive bidding is ensured. Three (3) minimum bids per item are to be taken from the vendor's list in alphabetical order on the bidder's list, until each vendor has been given the opportunity to bid before starting through the list again. Additionally, if the Purchasing Manager or the buyer believes that other vendors on the list or other known source(s) can provide the item at a lower cost, those vendor(s) shall be contacted and given the opportun- ity to bid along with the three required bids. Any contract up to the amount of $2,500 may be signed by the City Manager without City Council approval. If the Purchasing Manager concludes that a contract should be awarded to a bidder other than the lowest responsible bidder, quality considered, the contract must be approved by the City Council before execution by the City Manager. The Purchasing Manager shall have the authority to establish further guidelines The contra. ¢ ' be .lei for requiring written confirmation of telephone bids. ~ ~ to the lowest responsible bidder, quality considered. APPR~IV E UNCI~ CITY CC Recommendations It is recommended that the City Council: ,1 AN 3 1984 ~ ifS 1) Adopt the above Purchasing Policy for the Purchasi City Secre.aiy o. ilie 2) Adopt the attached ordinance amending Paragraphc~t~~~F,ort B~~xi~~41-6 of Chapter 41 of of the City Code. RAM:la SUBMITTED FOR THE .~7 @ CITY MANAGER'S ~ ~ DISPOSITION Y COUNCIL. PROCESSED BY OFFICE 6Y ~ ~ APPROVED ORIGINATING O HER (D SCRIBE) DEPARTMENT HEAD• Kc3 CeCi ~ CITY SECRETARY FOR ADDITIONAL INFORMATION ~T ~ ~~ ~O ~ CONTACT K Ceci O 1X/U . i DATE •