HomeMy WebLinkAboutOrdinance 22556-12-2016 ORDINANCE NO. 22556-12-2016
AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE I "IN
GENERAL", SECTION 2-9(d) OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, BY INCREASING THE
THRESHOLD AMOUNT OF THE CITY MANAGER'S DELEGATED
CONTRACTING AUTHORITY FOR CERTAIN CONTRACTS AND
PURCHASE ORDERS, CONTRACT AMENDMENTS, CHANGE
ORDERS, AND TEMPORARY OR PERMANENT EASEMENTS FROM
$50,000.00 TO $100,000.00; MAKING MINOR ADJUSTMENTS FOR
CLARITY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, under Section 2-9(d) of the City Code, the City Council has authorized the
City Manager to execute certain contracts without City Council approval, including contracts,
purchase orders, contract amendments, and change orders in amounts involving an expenditure
of $50,000.00 or less, as well as temporary and permanent easements granted to the City and
valued at less than$50,000.00; and
WHEREAS, in order to establish a more efficient purchasing and small project delivery
process, the City Council wishes to increase the City Manager's delegated contracting authority
to include contracts, purchase orders, contract amendments, and change orders in amount
involving an expenditure of$100,000.00 or less, as well as temporary and permanent easements
granted to the City and valued at less than $100,000.00; and
WHEREAS, due to restrictions under state law, the City Manager's delegated authority
to execute non-public works contracts and purchase orders that are subject to the competitive
procurement requirements under Chapter 252, Texas Local Government Code, as well as public
works contracts also subject to those competitive procurement requirements and which were
originally advertised before September 1, 2011, would continue to be limited to those involving
expenditures of$50,000.00 or less; and
WHEREAS, in order to have appropriate oversight of overall expenditures under any
particular contract, the City Council wishes to limit the City Manager's delegated authority by
requiring that the City Council must first approve any contract amendment or change order that
would cause the overall cost under a contract to exceed $100,000.00, as well as any subsequent
amendments or change orders that, in the aggregate, would cause the total expenditures under
the contract or purchase order to exceed $100,000.00 since the last approval by the City Council,
it being the intent of the City Council that further City Council approval is required at each
$100,000.00 expenditure interval;
Ordinance Amending Section 2-9(d),City Code Ordinance No.22556-12-2016
Page 1 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
Chapter 2 "Administration," Article I "In General," Section 2-9 "Contract Execution;
Amendments; Change Orders," subsection (d) of the Code of the City of Fort Worth, Texas
(2015), as amended, is hereby amended to read as follows:
§ 2-9 CONTRACT EXECUTION; AMENDMENTS; CHANGE ORDERS.
(d) Provided that sufficient funds have previously been appropriated by the city council, the city
manager may execute the following without city council approval:
(1) Any contractor purchase order involving an expenditure of$100,000 or less of city
funds, provided that the contract award otherwise complies with applicable state law;
(2) Any amendment or change order to a contract or purchase order involving an
expenditure of $100,000 or less of city funds, except that the city manager may not
execute any of the following without city council approval_
a. An amendment or change order that causes the total expenditure under the
contract or purchase order to exceed $100,000.00 or any subsequent amendment or
change order that causes the total expenditure under the contract or purchase order to
exceed $100,000.00 since the last amendment approved by the City Council;
b. An amendment or change order to any non-public works contract or purchase
order over $50,000 that is subject to the competitive procurement requirements under
Chapter 252, Texas Local Government Code; or
C. An amendment or change order to any public works contract over $50,000 that is
subject to the competitive procurement requirements under Chapter 252, Texas Local
Government Code, and that was originally advertised before September 1, 2011.
(3) Any contract or other legal instrument for the lease, license or use of facilities at the
Will Rogers Memorial Center;
(4) Any contract or other legal instrument for the lease, license or use of facilities at the
Fort Worth Convention Center;
(5) The vacation of a water, sanitary sewer, public or quasi-public utility or drainage
easement;
(6) Temporary and permanent easements granted to the city and valued at less than
$100,000;
Ordinance Amending Section 2-9(d),City Code Ordinance No.22556-12-2016
Page 2 of 4
(7) Consent agreements for encroachments into public property which comply with the
Building Code § 7-47 adopting, among other things, Chapter 3210 of the International Building
Code; and provided further, that the city manager may authorize the building official and
planning and development director to execute such agreements;
(8) Any contract for the purchase of electricity provided that:
a. The term of any such contract does not exceed 48 months; and
b. sufficient funds have previously been appropriated by the city council for that
purpose.
(9) Any contract for an emergency procurement. An EMERGENCY PROCUREMENT
is defined as a procurement made because of a public calamity that requires the immediate
appropriation of money to relieve the necessity of the city's residents or to preserve the property
of the municipality; a procurement necessary to preserve or protect the public health or safety of
the city's residents; or a procurement necessary because of unforeseen damage to public
machinery, equipment or other property, and is exempt from the competitive procurement
requirements pursuant to Tex. Local Government Code Chapter 252, as amended; and
(10) Any contract or other legal instrument for the construction and/or maintenance of a
stormwater management facility in accordance with all standards and ordinances then in force
and effect.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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 unconstitutional 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.
Ordinance Amending Section 2-9(d),City Code Ordinance No.22556-12-2016
Page 3 of 4
SECTION 4.
All right and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of the Code of Fort Worth which have accrued at the time of the
effective date of this ordinance and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
This ordinance shall take effect and be in full force on January 1, 2017.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
i
Sara J. Ful nwider,City Attorney ary J. Kay Uity"SeUetary
ADOPTED: December 13, 2016
EFFECTIVE: January 1, 2017
Ordinance Amending Section 2-9(d),City Code Ordinance No.22556-12-2016
Page 4 of 4
§ 2-9 CONTRACT EXECUTION; AMENDMENTS; CHANGE ORDERS.
(d) Provided that sufficient funds have previously been appropriated by the city council the city
manager may execute the following without city council approval:
(1) Any contractor purchase order involving an expenditure of$5100,000 or less of city
funds,provided ,__a..,u____.e...a»..».,have t..e....» .J be t+lr.vraaa..,vu by e1 ty ev,...avai
provided that the contract award otherwise complies with applicable state law;
(2) Any amendment or change order to a ptue ase order e contract or purchase order
ethe-' `mn ublie w er-k. «t-,.,,,,t involving an expenditure of$5100,000 or less of city
.,�LZL2-�I��i1Z
funds, pr-eyided d%4 uffie a Ws h p=e eybeeft appr-epr-iated by the eity
eouneil except that the city manager may not execute any of the following without city
council approval:
a. An amendment or change order that causes the total expenditure under the
contract or purchase order to exceed $100,000.00 or any subsequent amendment or
change order that causes the total expenditure under the contract or purchase order to
exceed $100,000.00 since the last amendment approved by the City Council;
b. An amendment or change order to any non-public works contract or purchase
order over $50,000 that is subject to the competitive procurement requirements under
Chapter 252, Texas Local Government Code; or
C. An amendment or change order to any public works contract over $50,000 that is
subject to the competitive procurement requirements under Chapter 252, Texas Local
Government Code, and that was originally advertised before September 1, 2011.
de,.ryase in est e f$100,000 less of eit-y a,«ds provided that-
> ,
2014
2. StOeien4 ftmds have pr-evietisly been appr-epr-ieAed for-payment of stieh added east-,
aftd
z The dir-eeter-eft the de«,,,..«,e«4 re sib e f sueh sue work issues u vr «e«
b. For-any publie works eentraet net subjeet to § 3.a 7
f ,
stte-k added Best; and
(43) Any contract or other legal instrument for the lease, license or use of facilities at
the Will Rogers Memorial Center;
(54) Any contract or other legal instrument for the lease, license or use of facilities at
the Fort Worth Convention Center;
(65) The vacation of a water, sanitary sewer, public or quasi-public utility or drainage
easement;
(76) Temporary and permanent easements granted to the city and valued at less than
$ 100,000;
(87) Consent agreements for encroachments into public property which comply with the
Building Code § 7-47, adopting, among other things, Chapter 3210 of the International Building
Code; and provided further, that the city manager may authorize the building official and
planning and development director to execute such agreements;
(98) Any contract for the purchase of electricity provided that:
a. The term of any such contract does not exceed 48 months; and
b. sufficient funds have previously been appropriated by the city council for that
purpose.
(409) Any contract for an emergency procurement. An EMERGENCY
PROCUREMENT is defined as a procurement made because of a public calamity that requires
the immediate appropriation of money to relieve the necessity of the city's residents or to
preserve the property of the municipality; a procurement necessary to preserve or protect the
public health or safety of the city's residents; or a procurement necessary because of unforeseen
damage to public machinery, equipment or other property, and is exempt from the competitive
procurement requirements pursuant to Tex. Local Government Code Chapter 252, as amended;
and
(1 10) Any contract or other legal instrument for the construction and/or maintenance of
a stormwater management facility in accordance with all standards and ordinances then in force
and effect.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1211312016 - Ordinance No. 22556-12-2016
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, December 6, 2016 REFERENCE NO.: P-11979
LOG NAME: 13PCMOTHRESHOLD JD
SUBJECT:
Adopt Ordinance Amending Section 2-9 of the City Code to Increase the Threshold Amount of the City
Manager's Delegated Authority for Execution of Contracts and Purchase Agreements, Contract
Amendments and Temporary or Permanent Easements from $50,000.00 to $100,000.00 (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Ordinance amending Section 2-9 of the City
Code to increase the threshold amount of the City Manager's delegated authority for execution of
contracts and purchase agreements, contract amendments in an amount not exceeding $100,000.00 and
of temporary or permanent easements granted to the City if valued at $100,000.00 or less.
DISCUSSION:
Section 2-9 of the City Code currently gives the City Manager authority to execute contracts and Purchase
Agreements, contract amendments and temporary or permanent easements involving amounts of
$50,000.00 or less without approval of the City Council. As outlined in IR-9962, presented to the City
Council on November 15, 2016, the City Manager's Office recommends amending Section 2-9 of the City
Code to increase the threshold amount for administrative execution of these documents from $50,000.00
to $100,000.00. The City Code already allows the City Manager to execute change orders to public works
contracts involving expenditures of$100,000.00 or less without City Council approval.
Increasing the City Manager's execution threshold from $50,000.00 to $100,000.00 will improve the City's
ability to deliver goods and services more efficiently. The effective date of the proposed Ordinance is
January 1, 2017, which will allow Staff time to operationally implement this change.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
BQN\THRESHOLD\
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # m
ID ID Year Chartfield 2
Logname: 13PCMOTHRESHOLD JD Page 1 of 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Jack Dale (8357)
Logname: 13PCMOTHRESHOLD JD Page 2 of 2